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Chapter 17

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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.  
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Bona Fide Occupational Qualification (BFOQ)   An identifiable characteristic reasonably necessary to the normal operation of a particular business.  
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Business Necessity   An employment practice that discriminates against members of a protected class but is necessary for job performance.  
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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.  
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Disparate-Impact Discrimination   Discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect.  
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Disparate-Treatment Discrimination   Intentional discrimination against individuals on the basis of color, gender, national origin, race, or religion.  
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Employment Discrimination   Treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender, age, or disability.  
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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.  
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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.  
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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.  
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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.  
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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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