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Legal Environment
Chapter 17
| Term | Definition |
|---|---|
| Affirmative Action | Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination. |
| Bona Fide Occupational Qualification (BFOQ) | An identifiable characteristic reasonably necessary to the normal operation of a particular business. |
| Business Necessity | An employment practice that discriminates against members of a protected class but is necessary for job performance. |
| Constructive Discharge | A termination of employment brought about by making the employee’s working conditions so intolerable that the employee reasonably feels compelled to leave. |
| Disparate-Impact Discrimination | Discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect. |
| Disparate-Treatment Discrimination | Intentional discrimination against individuals on the basis of color, gender, national origin, race, or religion. |
| Employment Discrimination | Treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender, age, or disability. |
| Prima Facie Case | A case in which the plaintiff has produced sufficient evidence to prove his or her conclusion if the defendant produces no evidence to rebut it. |
| Protected Class | A group of persons with defining characteristics—such as race, color, religion, national origin, gender, age, and disability—who historically have been discriminated against. |
| Seniority System | A system in which those who have worked longest for the employer are first in line for promotions, salary increases, and other benefits. |
| Sexual Harassment | The demanding of sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working environment. |
| Tangible Employment Action | A significant change in employment status, such as a change brought about by firing or failing to promote an employee. |
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