Glossary of Employment-Discrimination Terms

Employment-discrimination law has a vocabulary of its own. This glossary defines the terms used throughout Advancing Fairness in plain language so that any reader can follow the discussion. Definitions are educational summaries, not legal definitions for use in any proceeding.

Core Statutes and Bodies

• Title VII — the section of the Civil Rights Act of 1964 that prohibits employment discrimination based on race, color, religion, sex, and national origin.
• ADEA — the Age Discrimination in Employment Act, protecting workers 40 and older.
• ADA — the Americans with Disabilities Act, which bars disability discrimination and requires reasonable accommodation.
• EEOC — the Equal Employment Opportunity Commission, the federal agency that enforces most of these laws.

How Claims Are Analyzed

• Protected class — a characteristic the law shields from discrimination, such as race or age.
• Disparate treatment — intentional discrimination against a person because of a protected characteristic.
• Disparate impact — a neutral policy that disproportionately harms a protected group without a business-necessity justification.
• Prima facie case — the initial showing a plaintiff must make to move a claim forward.
• Pretext — a false reason offered to disguise a discriminatory motive.
• Business necessity — an employer’s justification that a challenged practice is essential to the job.
• Bona fide occupational qualification (BFOQ) — a narrow exception allowing a protected characteristic to be considered when genuinely necessary to a particular job.

Process Terms

• Charge of discrimination — the formal complaint filed with the EEOC that begins the administrative process.
• Right-to-sue letter — the EEOC notice that generally allows a person to file a lawsuit, starting a short deadline.
• Conciliation — the EEOC’s attempt to negotiate a voluntary resolution after finding cause.
• Mediation — a voluntary, confidential process using a neutral third party to seek settlement.
• Retaliation — punishing someone for asserting or supporting a discrimination claim; itself unlawful.

Group Litigation and Remedies

• Class action — a lawsuit brought by representatives on behalf of a larger group sharing a common claim.
• Certification — a court’s decision that a case may proceed as a class action under Rule 23.
• Consent decree — a court-approved settlement combining relief with enforceable reforms.
• Injunctive relief — a court order requiring an employer to change or stop a practice.
• Back pay — lost wages and benefits awarded to make a victim whole.
• Monitor — an independent party appointed to audit compliance with a decree.

For fuller explanations, follow the links throughout the site — for example, our guides to understanding discrimination, class actions, and remedies and consent decrees. A precise vocabulary makes the whole subject easier to navigate.