Definitions

Accessibility

Barrier-free environment.

Adequate Public Notification

Public notification plans are a part of the delivery mode in the affirmative action goals related to the Civil Rights Act of 1964. Public notification plans are to include the use of the most diversified possible communications to attract persons of all races, colors, religions, genders, and national origins to participate in programs or activities funded wholly or in part by federal resources. Examples would include posters, flyers, minority organization bulletin board notices, staffers in utility, or other public mailings.

Age

All persons over 40 years of age are protected from job discrimination on the basis of their age.

Auditable Trail

Being able to provide through verifiable records evidence of affirmative action efforts or outcomes (for example, being able to reconstruct or describe how one arrived at the racial/ethnic breakdown reported on a contact report).

Adverse Impact

A differential rate of employment selection or provision of services that works to the disadvantage of a protected group.

Adverse Treatment

Action that would in any way deprive an individual of employment, educational opportunity, or program benefits or would negatively affect his or her status.

Affected Class

Those groups who by virtue of past discrimination continue to suffer the effects of such discrimination. Affected class status must be determined by analysis or court decision. Affected groups afforded protection by federal and state laws, in addition to women and minorities are: Vietnam-era veterans, special disabled veterans, and individuals with disabilities.

Affirmative Action

Actions taken to eliminate the effects of past and present discrimination, intended or unintended, that are evident by analysis of present practices or policies.

Age Discrimination

Discrimination on the basis of age in either program delivery or employment is prohibited. From a programmatic perspective, it is important to review activities and publications that may contain subtle age-limiting/discriminating factors, while recognizing that the Age Discrimination Act permits age distinction in programs when it is determined that age is necessary to the normal operation or the achievement of a program or activity.

All Reasonable Efforts

The minimum to achieve all reasonable effort by staff members includes:

use of appropriate available mass media, including radio, newspaper, and television to inform potential recipients of a program and of the opportunity to participate;
use of newsletters, posters, flyers, and announcements to inform the potential audience of programs and events;
personal letters and circulars addressed to individuals from protected groups who are currently underserved and are part of the potential clientele, inviting them to participate, including dates and places of meetings or other planned activities;
personal visits by staff to a significant number of individuals from protected groups who are currently underserved and are part of the potential clientele, for the purpose of involving them in the program. All reasonable efforts must be focused on increasing participation by individuals who are part of the potential clientele and who are from protected groups.

Affirmative Action Legislation

Any federal or state laws regarding equal opportunity, nondiscrimination, and/or affirmative action both in employment and program delivery.

Architectural Barrier

Any structural impediment incorporated into an architectural facility that cannot be independently surmounted by persons with physical disabilities.

Bona Fide Occupational Qualification

Job requirement that allows an employer to legally discriminate on the basis of sex, age, religion, or national origin.

Burden of Proof

In discrimination cases, the organization must justify the action, practice, or policy that is alleged to be discriminatory. This is the opposite of standard legal practice in which the accused is innocent until proven guilty.

Clientele

Actual Clientele (or Actual Participants)

The actual program clientele are drawn from the potential program clientele and are the participants in the applied research and educational programs that are planned and carried out in order to accomplish the program mission. The numbers of actual clientele (by racial and gender categories) are documented as audience contacts or program enrollees (4-H and EFNEP). For the purpose of affirmative action, mass media contracts and mailings such as newsletters are not considered contacts.

Potential Clientele (or Eligibles)

The potential clientele (for a given program within a county) consists of all those individuals or organizations who have a need for, and who are eligible for, participation in any existing or potential educational activity that might be conducted under the mission of the program. Based on potential clientele definition, ethnic and gender numbers and proportions (percentages) are developed from the "best" available source for each potential clientele group.

Targeted Clientele (or Planned Participants)

Targeted clientele are drawn from potential program clientele and are those participants targeted to be reached during a specific program year.

Underrepresented Clientele

Underrepresented clientele are those protected classes (racial minorities and women) for which parity has not been achieved.

Color

The law refers specifically to skin color because a shade of skin color may be perceived as being more or less preferable.

Compliance

Program compliance is achieved when parity of program services is demonstrated or when the all-reasonable-effort standard has been met.

De Facto Segregation

Nonlegislated but effective separation, usually by race or sex.

De Jure Segregation

Legislated racial segregation.

Disability

A physical or mental impairment that substantially limits one or more major life activities. Disabilities may be visible or hidden, such as a heart condition or seizures. Qualified disabled individuals are protected.

Disparate Impact

Less favorable impact or consequences for one group than for another. This term is typically used in reference to policies, practices, or procedures that have potential or real effects for protected class members.

EEO

An abbreviation for equal employment opportunity or equal employment officer.

EEOC

U.S. Equal Employment Opportunity Commission.

Equal Employment Opportunity

The availability of employment and advancement opportunities to all persons on the basis of merit, capability, and potential. It is a concept that addresses equal opportunity for all persons in the employment process, including recruitment, hiring, job placement, compensation, promotion, transfer, termination, shift assignment, geographical, and organizational assignment.

Equity of Programs

Equity exists when documentation demonstrates that individuals from protected groups who are part of the primary potential clientele are participating in all phases of program activities in numbers that approximate their representation in the potential clientele. If various activities or educational methods do not serve all groups in numbers that approximate their potential representation, an equity issue exists.

Goals

Empirically derived and organizationally approved targets (expressed as ranges, ratios, and/or numbers) for employment or program participation of affected groups. These goals are designed to eliminate any identified instances of underrepresentation and provide targets for good-faith effort.

Good-Faith Effort

Those actions that a reasonably prudent businessperson would undertake in fulfillment of a legal obligation. A good-faith effort requires not only that agreed-upon corrective actions be taken but that other or more effective corrective actions be added or substituted, where necessary. Where goals are not attained, all good-faith efforts to achieve them must be documented.

Harassment

Any statement, remark, or action based on race, religion, national origin, sex, or any other personal characteristic that creates an intimidating, hostile, or offensive work environment.

Intent vs. Effect

A deliberate effort to discriminate against a person with the effect being discrimination.

Job Relatedness

Any criterion used to determine whether a person will be hired, promoted, or given a salary increase must be based solely on job-related factors.

Labor-Force Parity

Percentage of women and minorities in the total local labor force, regardless of occupation specialty.

Minority Group

A part of the population that differs from other groups in some characteristics and is often subjected to differential treatment. Includes all persons classified as Blacks, Hispanics, Asian or Pacific Islanders, and American Indians or Alaskan natives.

National Origin

Ancestry in a particular nation by birth or citizenship. It is unlawful to discriminate against individuals because of their national origin.

Noncompliance

A finding by an administrative law judge or federal court that an organization is in violation of civil rights legislation in the area of program delivery and/or personnel procedures.

Nondiscrimination Statement

The University of Illinois nondiscrimination statement is found at: http://www.eoa.uiuc.edu/nondiscriminationstatement.pdf

Occupational Parity

Relates to the number of women and people of color in the recruitment area with the necessary skills to compete for the job or jobs in question.

Parity

A quantitative goal or balance that results when the percent of protected classes (racial and gender) who are actual program clientele are within 20 percent (plus or minus) of the percentage for each racial/gender category in the potential program clientele. Parity related to gender must be viewed within the context of guaranteeing accessibility to programs and measuring progress in those programs where participation has been generally and traditionally limited to one sex.

Potential Recipients

Potential recipients should be estimated for each program carried out in the unit Extension office. For instance, a unit Extension office may conduct family living programs in nutrition, family finances, and parenting. Each is considered a program. Potential recipients should be estimated for each of these three programs. Potential recipients are estimated by using a combination of county demographic data and the Extension staff member's knowledge and information about the population of the county. When a target audience is defined during program planning, it should include all potential recipients as defined by demographic data.

Precedent

A principle established by a court decision that provides guidelines for other courts and the general public in interpreting the law.

Precedent

A principle established by a court decision which provides guidelines for other courts and the general public in interpreting the law.

Prima Facie

Evidence that has been presented to support a claim and, unless the argument can be rebutted with additional evidence, the claim will be supported by the court.

Protected Class

Each of the groups provided equal opportunity and protection from discrimination under the law. This protection is provided on the basis of sex, race, color, religion, national origin, age, handicap, or other designated characteristics as detailed in a nondiscrimination statement. Unlike affected class status, which has been demonstrated by analysis and/or court decisions, protected class status is automatically conferred by law.

Quotas

Fixed hiring and promotion rates based on race, sex, or other affected class criteria, which must be met at all costs. Quotas are considered to be last-resort measures available for the courts to impose only when good-faith efforts do not exist.

Racial/Ethnic Categories

Black, not of Hispanic Origin

A person having origins in any of the Black racial groups of Africa.

Hispanic

A person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.

Asian or Pacific Islander

A person whose origins are in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. The area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa.

American Indian or Alaskan Native

A person whose origins are in any of the original peoples of North America, and who maintains identification through tribal affiliation or community recognition.

White, not of Hispanic Origin

A person whose origins are in any of the original peoples of Europe, North Africa, or the Middle East.

Reasonable Accommodation

Federal regulations require the adaptation of environments, schedules, or requirements to accommodate the known physical or mental limitations of an otherwise qualified individual with disabilities. This may include job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, or other similar actions. Similar modifications are required with regard to accessibility of programs or provided services.

Religion

Refers not only to traditional religious beliefs but also to any set of personal beliefs that are sincere and consistently held. Situations involving religion may often relate to work schedule or dress.

Sexual Harassment

Sexual harassment takes different forms. It may range from unwelcome comments to unwanted physical contacts. Both women and men can be victims. Sexual harassment is prohibited by campus policy and is illegal under federal and state laws. (It is a violation of the Human Rights Act, Title VII of the 1964 Civil Rights Act, and Title IX of the 1972 Educational Amendments.)

Sexual harassment is defined by law, and includes any unwanted sexual gesture, physical contact, or statement that a reasonable person would find offensive or humiliating; or any interference with required tasks or career opportunities at the University.

Retaliation against anyone who files a complaint of sexual harassment is also against the law.

The University considers romance or sexual relationships between a teacher, teaching assistant, advisor, or similarly situated member of the faculty or staff and an employee, to be inappropriate, even when both individuals appear to enter such relationships by mutual consent. For further information see: http://www.fs.uiuc.edu/cam/CAM/ix/ix-a/ix-a-22.html

Systemic Discrimination

The denial of employment or program participation opportunities through some established business practice, rather than through a specific overt action against an individual. Systemic discrimination has been at the root of most Title VII settlements to date. Inadvertent and usually unintentional, the disparate effect produced by systemic discrimination constitutes a prime area of vulnerability for most organizations.

Underutilization

The situation that occurs when the work force is not representative of the number of people qualified to perform the duties of the position.

Undue Hardship

Monetary and disruptive action encountered by an organization in its efforts to make reasonable accommodation to persons with disabilities.

Unlawful Employment Practice

Any lawful practice or policy that has a discriminatory intent or effect and cannot be shown to be essential to the successful performance of the job in question.