Malicious behavior by an employee or manager that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests.
Age Discrimination in Employment Act (ADEA)
A federal law enacted in 1967 to prevent discrimination against people aged 40 and over, and to provide them with equal employment opportunities.
Americans with Disabilities Act (ADA)
A federal law enacted in 1990 which protects people with disabilities from discrimination and harassment. It also requires employers to reasonably accommodate the needs of employees with disabilities., to create a work experience that is comparable to that of their coworkers.
The person alleging that harassment happened to him or her.
complaint
A statement of dissatisfaction, usually by an individual but sometimes by a union or management, concerning an improper application or interpretation of a policy or action concerning sexual harassment.
conciliation
A voluntary discussion process between the accused party and the complainant that occurs after the EEOC has determined there is "reasonable cause" to suspect harassment. The EEOC facilitates a discussion between the parties in an effort to find an appropriate remedy for the complaint.
Department of Fair Employment and Housing, now The Civil Rights Department (CRD)
An agency that enforces California's Fair Employment and Housing Act and other California laws prohibiting unlawful discrimination and harassment with regard to employment and housing.
Abbreviation for Equal Employment Opportunity Commission, a federal agency, which enforces various statutes prohibiting discrimination and harassment and aims to end employment discrimination in the United States.
A California statute that provides protection against harassment or discrimination on the basis of age, religion, race, medical condition, and sex, among other things.
Federal law protecting individuals from discrimination in employment or health insurance based on their genetic information. GINA also protects individuals from harassment on the basis of their genetic information.
A form of sexual harassment where severe or pervasive behavior unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
The penalty enforced by law for not complying with a policy, or a measure imposed to persuade relevant parties to adhere to a regulatory practice.
limited confidentiality
Only those who need to know will be informed of the identities of those individuals who are involved in the investigation and the information gathered during the investigation.
A voluntary process whereby the complainant and the accused party negotiate to find a solution that is agreeable to both parties. It is usually conducted by a neutral third party but it can occur without the involvement of external parties.
Liability of an individual person for damages they cause to others.
pervasive
A concept used to describe harassing behavior that occurs on a frequent, continual basis.
position statement
A company's statement to an external government agency that sets forth the company's side of the story
protected classes
Characteristics of people which federal laws specifically protect from discrimination. Federally protected classes are: race; color; ethnicity; national origin or ancestry; citizenship; religion; disability; sex – including sexual orientation, gender identity, and transgender status; pregnancy; age – if over forty; veteran status; uniformed services status; and genetic information.
punitive damages
Monetary award determined by the courts and paid by the guilty party to the victim as part of the guilty party's punishment.
A form of sexual harassment whereby an individual with authority uses that authority to coerce an employee into submitting to his or her sexual advances in exchange for job benefits, or with the threat of a tangible employment action if the advances are rejected.
A concept used to determine whether or not behavior is sexual harassment by considering the behavior in light of how a reasonable person would view such behavior.
Retaliation
A form of discrimination involving adverse action against an employee for making a complaint, opposing unlawful employment practices, or participating in an investigation of such a complaint or opposition.
A voluntary process whereby the parties negotiate to reach a resolution of a dispute or complaint.
sexual harassment
The California Fair Employment and Housing Act defines sexual harassment as harassment based on sex or of a sexual nature, gender-based harassment, and harassment based on pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. California explicitly includes sexual orientation, gender identity, and gender expression in its anti-harassment protections.
In quid pro quo harassment, significant negative result to the target of harassment, or denial of a significant positive benefit – from refusing to go along with the requests of the person in authority.
Title VII
See Title VII of the Civil Rights Act of 1964.
Title VII of the Civil Rights Act of 1964
A part of the Civil Rights Act of 1964 that prohibits employment discrimination based on race, color, religion, sex, and national origin.
A concept used in determining whether behavior is sexual harassment by considering whether the behavior was viewed by the recipient as unacceptable or unwanted. Unwelcome conduct is not limited to involuntary conduct. A victim may agree to certain conduct or actively participate in it even though it is offensive and objectionable.
A form of discrimination that involves conduct that is unwelcome, and that is based on an individual's status as a member of a protected class, and which interferes with the individual's ability to perform their job.