Civil Rights Terms and Definitions

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).

Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: Submission to such conduct is made either explicitly or implicitly a term condition of employment; Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or Such conduct has the purpose or effect or unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

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.

Color Discrimination
Discrimination based on color occurs when individuals are treated less favorably than others who are similarly situated because of the color of their skin. This is a separately identifiable type of discrimination, which can also occur in conjunction with race discrimination.

Reprisal/Retaliation
A complaint may be filed by an individual who alleges restraint, interference, coercion, discrimination or retaliation for raising a claim of discrimination; or for representing one who has alleged discrimination; or for advocating equal opportunity for others; or for acting as an EEO official in processing such complaints.

Age Discrimination
Age discrimination is present if an individual covered under this provision is treated unfavorably in the terms and conditions of his/her employment because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids discrimination based on age for those individuals who are 40 years of age or older.

Title VII of the Civil Rights Act of 1964
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) amends several sections of Title VII. These amendments appear in boldface type. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading.

Equal Employment Opportunity
The goal of laws which make some types of discrimination in employment illegal. Equal employment opportunity (EEO) will become a reality when each U.S. citizen has an equal chance to enjoy the benefits of employment. EEO is not a guarantee of employment for anyone. Under EEO law, only job related factors can be used to determine if an individual is qualified for a particular job.

Employment agency
Means any person regularly undertakingwith or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

Ethnic Group
A group of peoples who share a common religion, color, or national origin. Irish-Americans, Mexican-Americans, German-Americans, Italian-Americans, Hindus, Moslems, and Jews are examples of ethnic groups. Some members of ethnic groups participate in the customs and practices of their groups, while others do not. Discrimination based on these customs and practices is illegal under EEO law.