Glossary

EEO/AA Glossary

Administrative Reviewers
Administrators trained by the Affirmative Action Officer to conduct discrimination complaint fact-finding and reporting. Administrative Reviewers are identified by campus presidents or area administrators.

ADA and Equal Opportunity/Discrimination Complaint Procedure
Internal College process designed to provide a prompt, equitable and non-judicial administrative resolution to employee and applicant allegations of discrimination complaints with a basis under ADA or EEO laws and regulations. The AA/EEO Officer has oversight for the process and the Intake Interviewers and Administrative Reviewers.

Affirmative Action
Commitment by an institution to take actions planned to ensure equal employment opportunity and end under representation of protected classes in the workplace.

Age Discrimination
Individuals 40 years of age and older are protected from discrimination based on their age in all terms and conditions of employment.

Compliance
Responsibilities employers must meet to implement and fulfill equal opportunity and affirmative action and ADA regulation requirements.

Discrimination
Illegal treatment of a person or group based on race, national origin, sex, religion, age, disability or veteran status. Denial of an opportunity to be considered based on the foregoing factors.

EEO
Equal Employment Opportunity is the principle of Title VII of the Civil Rights Act of 1964.
All individuals are protected from discrimination in all terms and conditions of employment based on their sex, race, color, national origin, or religion.

EEO Census Report
Internal tool used to track the employment recruitment activity results for minorities and females. The report assists management to determine quality of recruitment results and good faith efforts in attempting to ensure affirmative action and equal employment opportunity.

EEOC
Equal Employment Opportunity Commission is the federal agency, which oversees discrimination complaints based on race, national origin, sex, religion, under Title VII of the Civil Rights Act of 1964 and disability under the ADA.

EEO-Report
Official employer information report prepared biannually by federal contractors in higher education and filed through the U.S. Department of Commerce, Bureau of the Census. This report is now filed as the IPEDS (Integrated Postsecondary Education Data System) staff survey.

Executive Order 11246
Presidential order establishing compliance requirements for employers receiving federal funding. Compliance requirements include annual written affirmative action plans and good faith efforts to ensure equal employment opportunity.

Goal
Compliance under Executive Order 11246 requires federal contractors to conduct an annual analysis to establish percentage rate of selection goals in areas of underutilization within the contractor's establishment.

Good Faith Effort
The specific affirmative steps undertaken by a federal contractor to reach the established employment goals for minorities and females.

Intake Interviewer
Employees trained by the College Affirmative Action Officer to do discrimination complaint intakes. Employees are identified by campus presidents and area administrators.

Job Groups
Jobs of similar content, wage and opportunity. Formulation of job groups is required in order to conduct the annual required utilization analysis which is the basis of establishing employment goals for job groups that are underutilized.

National Origin
All individuals are protected from discrimination in employment based on ancestors, place of origin, or physical, cultural or linguistic characteristics.

OFCCP
Office of Federal Contract Compliance is the agency established under Executive Order 11246 to audit federal contractors compliance programs and efforts. This agency is also vested with the authority to investigate class action cases under Title VII; and individual disability complaints under Section 503 of the Rehabilitation Act.

Protected Classes
Under affirmative action, protected classes are defined as: females and minorities identified as Black, Hispanic, Asian, or American Indian.

Race/Color
All individuals are protected from discrimination in employment because of race or color.

Religion
All individuals are protected from discrimination in employment because of religion, religious beliefs, or views concerning religion.

Retaliation
Negative or adverse action by the employer against an employee or applicant because they have complained of discrimination, or some other allegedly unlawful act, on the part of the employer.

Underutilization
Having fewer minorities and women in the employer's workforce than could reasonable be expected based on their availability in the labor area. When underutilization exists, a hiring goal is established equal to the percentage of availability.

Utilization Analysis
The required comparison of the number of minorities and females in the employer's workforce and the jobs they occupy to the availability of minorities and females in the employer's labor area.

ADA Glossary

Americans with Disabilities Act (ADA)
Legislation passed 7/26/90 that prohibits discrimination on the basis of disability in all terms and conditions of employment and in access to public services.

Comfort Animals
These are not considered service animals, and are usually associated with emotional or psychological issues. Comfort animals are not covered by Title III of the ADA the way a service animal is. However, a companion animal for people with medically diagnosed psychiatric impairments could be a service animal. See service animal definition.

Direct Threat
Significant risk or substantial harm to the health or safety of the individual, or to others, that cannot be eliminated or reduced by a reasonable accommodation.

Disabled Student Resources (DSR)
Each campus has a designated DSR office to assist disabled students who wish to request a reasonable accommodation. Upon presentation of proper documentation, the DSR office will determine eligibility and effective accommodations.

Effective Auxiliary Aid/Accommodation
An effective auxiliary aid/accommodation is successful in equalizing the opportunity for a qualified disabled individual to participate in an education program or activity.

Essential Functions
Those job duties that are so fundamental to a position that the individual holds or desires that he/she cannot do the job without performing them.

EEOC
Equal Employment Opportunity Commission was established by Title VII of the Civil Rights Act of 1964. It is the federal agency responsible for the investigation of discrimination complaints filed by employees or applicants based on disability.

Ergonomics
The science that seeks to adapt work or working conditions to suit the worker; adjustments to the environment. This term is used in the Occupational Safety and Health Act (OSHA) regulations and at this time there is no compliance requirement for employers to provide an ergonomic work environment.

Ergonomic Furniture
Furniture that can be adjusted to meet the physical needs of a worker.

Impairment
Under the ADA an impairment is any physiological or mental disorder.

Major Life Activity
Includes, but is not limited to, walking, talking, seeing, hearing, speaking, sitting, and standing.

OCR
Office of Civil Rights is part of the Department of Education and is responsible for discrimination complaints by students or employees on the basis of disability in educational programs and activities receiving federal financial assistance.

Qualified Individual with a Disability
A person with a disability who satisfies the required skill, experience, education and other job related requisites of an employment position that is currently held or desired. The individual can, with or without a reasonable accommodation, perform the essential job duties of the position.

Reasonable Accommodation
Any modification or adjustment to a job, an employment practice, or the work environment that enables a qualified individual with a disability to work at their fullest capacity and enjoy an equal employment opportunity to succeed or participate.

Self-Identification Process

• Student Responsibility
  • Students are required to request an accommodation through the campus DSR office and to provide documentation to support the request.
  • Students approved by DSR to receive accommodations in the classroom will be given a letter to present to their instructor explaining the identified required accommodation.
  • Students will be held to the same course/program performance and conduct standards as those students without accommodations.
• Faculty Responsibility
  • Faculty, once notified of an approved accommodation, must provide the accommodation
    immediately and are encouraged to discuss any questions about implementation of the accommodation with DSR.

Service Animal

• Animals individually trained to do work or perform tasks for the benefit of an individual with a disability. The care or supervision of a service animal is the responsibility of the owner, not the public entity. There are many types of service animals: seeing-eye dogs for people with vision impairments; hearing dogs for people who are deaf; seizure dogs for people who have seizure disorders; assist animals for people with motor impairments; and companion animals for people with psychiatric impairments.
• Public Access under Title III requires a public accommodation to modify its policies to permit the use of a service animal by an individual with a disability, unless doing so would result in a fundamental alteration or jeopardize the safe operation of the public accommodation.
• Title I (employment) does not require automatic access for service animals. Allowing a service animal into the workplace is a form of reasonable accommodation and the employer must consider allowing an employee with a disability to use a service animal at work unless doing so would result in an undue hardship.

Substantial Limitation

• An individual must be unable to perform, or be significantly limited in the ability to perform, a major life activity compared to an average person in the general population.
• Three factors to consider are: (1) the nature and severity; (2) how long it will last; (3) its permanent impact or long-term impact, or expected impact.

Undue Hardship
An action that is excessively costly, extensive, substantial, disruptive, or that would fundamentally alter the nature or operation of the business.

Government Agencies and Some of the Laws under thier Jurisdiction

DOJ-Department of Justice

EEOC-Equal Employment Opportunity Commission

Title VII-Civil Rights Act of 1964-Individual only
ADA-Americans with Disabilities Act-Title I-Individual
ADEA-Age Discrimination in Employment-Individual
Section 504-Rehabilitation Act-(Employers with less than 15 employees all others are covered by Title I of ADA)-Individual
Equal Pay Act-Individual

DOE-Department of Education/OCR-Office for Civil Rights

Title IX-Education Amendments of 1972 Title X
Title VI-Civil Rights Act, 1964
ADA, Title II

OFCCP-Office of Federal Contract Compliance Programs

Title VII-Civil Rights Act of 1964-Class Action Only
Section 503-Rehabilitation Act-Class or Individual
Vietnam Era Readjustment Act and Special Disabled Veterans-Class or Individual

Description of Laws Referred to on this site:

Rehabilitation Act of 1973, as amended:
Section 504

• Qualified persons with disabilities are protected from discrimination in employment and in accessibility to programs and services and activities offered by recipients of federal financial assistance. Applies to students and employees.
• Office: EEOC (employment), DOE/OCR (All Other Higher Ed Issues)
  
  

Rehabilitation Act of 1973, as amended:
Section 503

• Prohibits discrimination on the basis of disability in any employment practices against qualified individuals with a disability.
• Requires federal contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities and to prepare and maintain an affirmative action program.
• Reasonable accomodations need to be considered.
• Office: OFCCP

Title VII-Civil Rights Act of 1964:

• Prohibits discrimination on the basis of race, color, religion, national origin, sex, disability inall terms and conditions of employment.
• Office: EEOC

Title VI-Civil Rights Act of 1964:

• Prohibits discrimination against students on the basis of race, color, national origin, sex, disability in vocational education programs.
• Covers: Students-Shall not be excluded from participation, be denied benefits of, or be otherwise subject to discrimination under any program or activity receiving federal financial assistance from the department of education.
• Office: DOE/OCR
  

Title IX-Education Amendments of 1972:

• Prohibits discrimination against both students and employees on the basis of sex in educational programs and activities receiving federal financial assistance.
• Covers: Students and Employees

• Office: DOE/OCR

ADA-Title II
Americans with Disabilities Act:

• Prohibits discrimination against any qualified individual with a disability on the basis of disability in the services, programs, or activities of a public entity.

Includes:
Denial of Participation
Equality in Participation/Benefits
Integrated Setting

• Office: EEOC for employment issues (Same standards as described in Title I)
  DOE/OCR for all other higher education issues.
  
  

ADA-Title I
Americans with Disabilities Act:

• Prohibits employment discrimination against any qualified individual with a disability in all terms and conditions of employment (Similar coverage as Title VII and Section 504)
• Office EEOC