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If we've missed an HR term or phrase that you would like to see defined, please feel free to contact us. We look forward to hearing from you.

Accessibility

A term used primarily in the Americans With Disabilities Act. It refers to the extent to which a facility is readily approachable and usable by individuals with disabilities.

Adverse Impact

A substantially different rate of selection in hiring, promotion, transfer, training, or other employment related decisions for any race, sex, or ethnic group from which an inference can be made that the employment selection process is discriminatory.

Affirmative Action

Actions, policies, and procedures designed to achieve equal employment opportunity, even in the absence of evidence of discrimination.

Affirmative Action Program

A written program in which an employer details the steps it will take and has already taken to ensure equal employment opportunity.

Anti-nepotism Policy

A policy or practice that limits the employment of two or more members of the same family.

Applicant Flow Log.

A chronological compilation of applicants for employment or promotion, showing the persons categorized by race, sex and ethnic group, who applied for each job title (or group of job titles requiring similar qualifications) during a specific period.

Apprenticeship

A system of indenture or other agreement, written or implied, to train a person in a recognized trade or craft in accordance with specified standards.

Back Pay

Compensation for past wage and benefit losses caused by discriminatory employment practices or procedures. Lost wages include, e.g., overtime, incentive pay, raises, bonuses economic loss includes compensatory damages.

Bargaining Agreement

Or collective bargaining agreement. It is a contract between an employer and union covering wages, hours, and other terms and conditions of employment for employees in the bargaining unit.

Bona-Fide Occupational Qualification (BFOQ)

A defense allowing an employer to limit a particular job to members of one sex, religion, or national origin group.

Bumping Rights

Rights of an employee to displace another employee due to a layoff or other employment action as defined in a collective bargaining agreement or other binding agreement.

Business Necessity

A defense available when the employer practice excludes members of one sex, race, national origin or religious group at a substantially higher rate than members of other groups (thus creating adverse impact). The employer must prove that its requirement having the adverse impact is job-related and consistent with business necessity.

Compression

"Compression" is a term used by some companies to describe a business reorganization that involves combining various departments. As a result of the "compression," some people could lose their jobs because those functions have been taken over by others. Recently, Major League Baseball has considered "compression" by eliminating two teams. The Player's Union has objected because of the effect it will have on jobs.

Conciliation

Discussions between an agency and an employer to resolve findings of noncompliance.

Conciliation Agreement

A binding written agreement between an employer and an agency that details specific commitments to resolve alleged employment violations.

Constructive Discharge

An employee's involuntary resignation resulting from the employer making working conditions for the employee so intolerable that a reasonable person would have felt compelled to resign. Thus, the resignation is treated like an involuntary termination.

Debarment

An order declaring a contractor ineligible for the award of future government contracts. Debarment is one of the sanctions that may be imposed upon a contractor who is found to be in violation of affirmative action requirements.

Direct Evidence of Discrimination

A method of proof in which evidence on its face establishes a discriminatory reason for an employment decision, without inference or presumption. Direct evidence is evidence that on its face shows an intent to discriminate.

Discovery

In trial practice, the pretrial devices that can be used by a party to obtain facts and information about the case from the other party in order to assist the party's preparation for trial. Tools of discovery include: depositions upon oral and written questions, written interrogatories, requests for production of documents or things, requests for physical and mental examinations, and requests for admission.

Disparate Impact

A theory of employment discrimination. Disparate impact discrimination may be found when an employer's use of a neutral selection standard disqualifies members of a particular race or gender group at a significantly higher rate than others and is not justified by business necessity or job relatedness.

Disparate Treatment

A theory of employment discrimination. Disparate treatment discrimination may be found when an employer treats an individual or group differently because of its race, color, religion, sex, national origin, handicap or veteran status.

EEO 1 Report

An annual report filed with the EEOC. It details the sex and race/ethnic composition of an employer's work force by job category.

Employment at Will

The traditional common law doctrine that, absent prior agreement to the contrary, an employer may discharge an employee anytime for any reason except for illegal reasons.

Employment Offer

An employer's offer to an individual, of employment in a specific job.

Expert Witness

A person such as a doctor or statistician selected by the court or a litigant because of his knowledge or skill, to examine, estimate, and ascertain things and make a report (testimony) of his findings and opinions.

Fringe Benefits

Compensation for employment other than wages or salary, including, for example, annual and sick leave, medical insurance, life insurance, retirement benefits, profit sharing, bonus plans, etc.

Front Pay

Compensation for estimated future economic loss; generally calculated based on the difference between the discrimination victim's current pay (or for a rejected applicant, the pay he/she should have received) and the pay associated with his/her rightful place.

Good or Just Cause

A legally acceptable defense for a decision to discipline or terminate an employee.

Individual with Disability

Any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities, has a record of such an impairment, or is regarded as having such an impairment.

Injunctive Relief

A court order requiring a person to perform, or to refrain from performing, a designated act.

Job Description

A written statement detailing the duties of a particular job title.

Layoff

The process by which workers are removed from the active payroll to the inactive payroll during a reduction-in-force (RIF).

Life Activities (Major Life Activities)

Used in the ADA. This means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Make Whole Relief

Remedies for discrimination that restore the victim of discrimination to his rightful place, i.e., the position, both economically and in terms of employment status that he would have occupied had the discrimination never taken place.

Maternity Leave

Childbirth-related absence from work by a woman that does not directly depend on her medical condition. The term includes leave for non disability related care and nurturing following the birth of a child.

Minorities

Men and women of those minority groups for whom EEO 1 reporting is required; i.e., Black, Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native.

New Hire

A worker added to an establishment's payroll for the first time.

Parental Leave

Absence from work by a parent to care for a child.

Pattern or Practice Discrimination

Employer actions constituting a pattern of conduct resulting in discriminatory treatment toward the members of a class. Pattern or practice discrimination generally is demonstrated in large measure through statistical evidence, and can be proven under either the disparate treatment or disparate impact model.

Preemployment Medical Examination

An evaluation of the health status of an applicant for employment.

Prima Facie Case

A legal term that refers to a case sufficient on its face to prevail in the absence of contradictory evidence.

Promotion

Any personnel action resulting in movement to a position affording higher pay and/or greater rank, and/or requiring greater skill or responsibility.

Reasonable Accommodation

Any modification or adjustment to a job application process that enables a qualified individual with disabilities to be considered for the position such qualified individual desires, and which will not impose an undue hardship on the employer's business. Also, any modification or adjustment to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enables a qualified individual with handicaps to perform the essential functions of the position, and which will not impose an undue hardship on the operation of the contractor's business, or that enables an employee with disabilities to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees.

Recall

The process or action by which workers are returned to active employment from layoff.

Religious Accommodation

Requirement to accommodate sincere religious observances and practices of an employee or prospective employee unless the accommodation would create undue hardship.

Salting

"Salting" occurs when a union inserts its' organizers (called "salts") into an employer's workforce in the hope that they will be able to organize that workforce.

Seniority

Length of employment as defined by the employer or applicable collective bargaining agreement. Employees may have different seniority for different purposes (e.g., job bidding rights governed by department seniority and leave accrual governed by company seniority).

Termination of Employment

Separation of an employee from the active and inactive payroll.

Terms and Conditions of Employment

This phrase includes all aspects of the employment relationships between an employee and his or her employer including, but not limited to, compensation, fringe benefits, leave policies, job placement, physical environment, work-related rules, work assignments, training and education, opportunities to serve on committees and decision-making bodies, opportunities for promotion, and maintenance of a nondiscriminatory working environment.

Undue Hardship

In general, with respect to the provision of a reasonable accommodation, significant difficulty or expense incurred by an employer. It is decided on a case by case basis.

Union Shop

Under the bargaining agreement, employees must pay uniform periodic dues to the union, beginning within a specific period after hire.

Wrongful Discharge

Generally, unlawful employment termination. The phrase "wrongful discharge" is frequently used to refer to exceptions created by the courts in some states to the employment at will doctrine.

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