Civil Rights Terms and Definitions

Discrimination
Discrimination is defined in civil rights law as unfavorable or unfair treatment of a person or class of persons in comparison with others who are not members of the protected class because of race, sex, color, religion, national origin, age, physical/mental disability, or reprisal for opposition to discriminatory practices or participation in the EEO process.

Disparate Impact
Under EEO law, less favorable effect for one group than for another. Disparate or adverse impact results when policies and practices applied to all employees or applicants have a different and more inhibiting effect on one group than they do on another.

Affirmative Action
Positive steps taken by an employer to ensure equal employment opportunities for minorities, women, and persons with disabilities. In federal employment, extra effort must be made to include qualified women, minorities, and persons with disabilities at grade levels and in job categories where they are underrepresented.

Affirmative Action Plans/Affirmative Employment Plan
Written plans for programs required by Executive Order 11478 and other laws and regulations. AAP's may contain studies, which show how the work force at the activity has been used, and may include goals and timetables for increasing the representation of women, minorities, and persons with disabilities in those areas where they have been underrepresented.

Class Complaint/Class Action
A complaint articulated or filed by a group of people who feel that personnel or management policies or practices discriminate against them as a group. Members of the group believe that a characteristic they share -- race, color, religion, sex, national origin, age, or disability is the basis for the discrimination.

Underutilization
To use less than fully; below potential use. This term is often applied to categories of employees who are working at jobs that do not make full use of their skills and abilities, although they may have been hired for those skills and abilities. When an employee is consistently assigned to "dead end" jobs, he or she may be underutilized because they are often seen as able to perform only limited tasks.

Discrimination against Persons with Disabilities
A person with a disability is defined as one who has a physical or mental impairment that substantially limits one or more of such person's major life activities, has a record of such impairment, or is regarded as having such an impairment.

Racial Discrimination
Racial discrimination is present when people are treated differently than others who are similarly situated because they are members of a specific race. It can occur when individuals are treated differently because of unalterable characteristics, such as physical feature, indigenous to their race.

Overt Discrimination
Overt discrimination is a specific, observable action taken against a person or class of persons because of protected status, e.g., national origin. This treatment also is referred to as "intentional discrimination. " Example: Failing to interview job applicants based solely on their race (race discrimination).

Minority
The smaller part of a group. A group within a country or state that differs in race, religion or national origin from the dominant group.