“Adverse impact may be found when a selection process for a particular job or group of jobs results in the selection of members of any racial, ethnic, or sex group at a lower rate than members of other groups. The enforcement agencies will generally regard a selection rate for any group which is less than four-fifths (4/5) or eighty percent of the rate for the group with the highest selection rate as constituting evidence of adverse impact…. Depending on the size of the sample and other factors, however, the enforcement agencies could measure adverse impact other than by the “80% rule”. In a particular case, of course, the final arbiter of the question would be the federal court.
AFFECTED CLASS – Any group, which continues to suffer the effects of past discriminatory practices. Affected class published by various compliance agencies for the purpose of clarifying provisions of a law or regulation and indicating how an agency will interpret its law or regulation.
AFFIRMATIVE ACTION – requires that special efforts be made to employ and advance in employment qualified women and minorities in areas where they are employed in fewer number than is consistent with their availability in the relevant labor market. Affirmative action also extends to persons with disabilities and disabled or Vietnam era veterans. The University seeks to employ and promote qualified candidates. Consistent with this practice, affirmative action requires that where the best candidates for a positions are otherwise equally well qualified, the individual(s) selected should be the one(s) who will contribute to the achievement of affirmative action goals.
AFFIRMATIVE ACTION PLAN (AAP) -The written document that outlines GSU’s commitment to affirmative action. It includes specific, result-oriented procedures and activities we commit to and defines who is responsible for affirmative action.
DISABLED VETERANS – A veteran who: 1.) is entitled to disability compensation under laws administered by the Veterans Administration 2.) was discharged or released from active duty because of a service-connected disability.
DISABLES – Disabled person means any person who has a physical or mental impairment, which substantially limits one or more major life activities, has a record of such impairment, or is regarded as having impairment.
DISCRIMINATION – within this context refers to the process of illegally differentiating between people on the basis of group membership rather than individual merit.
SYSTEMIC DISCRIMINATION may be said to occur when unequal treatment results from “neutral” institutional practices that continue the effect of past discrimination.
INTENTIONAL DISCRIMINATION may result when an individual is purposely subjected to unequal treatment on the basis of race, color, religion, age, national origin, sex, disability, or status as a disabled or Vietnam Era Veteran.
EQUAL EMPLOYMENT OPPORTUNITY – involves the right of persons to apply and be evaluation fro employment opportunities without regard to race, color, religion, age, national origin, sex, disability, or status of a disabled or Vietnam Era Veteran. It guarantees everyone the right to be considered solely on the basis of his or her ability to perform the duties of the job in question, with or without reasonable accommodations as appropriate. Equal Employment Opportunity does not involve preferences.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) – is an independent federal agency originally created by Congress in 1964 to enforce Title VII of the Civil Rights Act of 1964. EEOC carries out its enforcement, education and technical assistance activities through 50 field offices serving every part of the nation.
GEORGIA COMMISSION ON EQUAL OPPORTUNITY (GCEO) – is an entity of an administrative agency whose primary role is to be an impartial fact finder in cases, which involves allegations of unlawful discrimination in start government employment.
GOALS -are part of affirmative action programs and serve to eliminate employment disparities and the effects of past discrimination. The long-range goal of affirmative action programs is representation of each group identified as Underutilized in reasonable relation to their availability in each major job classification. Specific annual goals, equal to the percentage estimate of availability, are developed.
GOOD FAITH EFFORTS – Broad, active effects to move affirmative action programs beyond the normal; the “extra mile,” active and aggressive recruiting efforts.
HISPANIC – A person, regardless of race, who is of Spanish culture or origin. This includes, for example, persons from Mexico, Central or South America, Puerto Rico, the Dominican Republic and Cuba.
JOB ANALYSIS – The systematic study of a job to provide information, which will enable those planning examinations or other selection devices to determine the knowledge, skills and abilities required for successful performance on the job.
JOB GROUP – A grouping or aggregation of job classifications for purposes of analysis or official reporting. A group of jobs with similar content, requiring similar skills or skill levels, similar wage rates and opportunities for promotions.
MINORITY – For EEO official reporting purposes, and for purposes of the work force analysis required in Revised Executive Order No. 4, the term “minority” includes Women, Blacks/African American, Hispanics, Alaskan Natives or American Indians, and Asian or Pacific Islanders, Disables, Vietnam Era Veterans, Disabled Veteran.
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (OFCCP) – The branch of the U.S. Department of Labor responsible for monitoring the compliance status of and resolving complaints against all employers having contracts with the Federal Government.
PRIMA FACIE – A legal presumption that arises from a basic showing of facts, which will control a decision unless explicitly proved untrue. In the EEO area, statistics of underutilization have been sufficient to make a prima facie case for discrimination. It is then the responsibility of the employer to justify those statistics.
PROTECTED CLASSES – Groups identified in Executive Order 6 (minorities, women, disabled persons and Vietnam Era Veterans) that are specifically protected against employment discrimination.