Glossary of Affirmative Action Terms
Adverse Impact:
Under the "Uniform Guidelines on Employee Selection Procedures" of the Equal Employment Opportunity Coordinating Council:

"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 courts.
Affected Class:
Any group that continues to suffer the effects of past discriminatory practices. Affected class status must be determined by analysis or court decision.
Affirmative Action:
Specific actions in recruitment, hiring, upgrading and other areas designed and taken for the purpose of eliminating the present effects of past discrimination, or to prevent discrimination.
Affirmative Action Plan:
The written document through which management assures that all people have equal opportunities in recruitment, selection, appointment, promotion, training, discipline and related employment areas. The plan is tailored to the employer's work force and the labor pool with the necessary skills in the relevant job market. It prescribes specific actions, goals, timetables, responsibilities and describes resources to meet identified needs. The plan is a comprehensive results-oriented program designed to achieve equal employment opportunity rather than merely to assure non-discrimination.
Affirmative Recruitment:
Special recruitment efforts undertaken to assure that qualified protected class members are well represented in the applicant pools for positions form or in which they have been excluded or substantially underutilized. Such efforts may include contacting organizations and media with know protected class constituencies. Open job-posting, advertising and 'equal opportunity employer' statements necessary in many situations are matters of non-discrimination rather than measures of affirmative recruitment:
American Indian (Native American) or Alaskan Native:
A person having origins in any of the original peoples of North America, or who maintain cultural identification through tribal affiliation or community recognition.
Applicant Flow:
The number of applicants applying for a particular job over a given period of time, analyzed by protected class characteristics.
Applicant Pool:
All people who have applied for a particular job or group of jobs during one period of opening. The collection of candidates from whom the selection or selections for available positions may be made.
Asian or Pacific Islander:
A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This includes people from China, India, Japan, Korea, the Philippine Islands, American Samoa, and Vietnam.
Black (Non-Hispanic):
A person having origins in any of the black racial groups of Africa (except those of Hispanic origin).
Bona Fide Occupational Qualification (BFOQ):
A qualification that is needed to be able to perform the duties of a particular job, which would otherwise be unlawful because of its discriminatory impact on one's sex, religion, national origin, etc. Examples are the requirement that an actor playing the part of a woman be a woman or that a minister of a particular religion be a member of that particular religion. The concept of BFOQ is interpreted very narrowly by the EEOC and the federal courts.
Business Necessity:
A legitimate business purpose that justifies an employment practice as valid and necessary for the effective achievement of the organization's objectives as well as the safe and efficient operation of the business.
Career Ladder:
A hierarchy of jobs consisting of a series of more complex duties and responsibilities within a general occupational area.
Civil Rights:
Personal rights guaranteed and protected by the Constitution, i.e., freedom of speech, press, freedom from discrimination.
Class Action:
A civil action brought by one or more individuals on behalf of themselves and "all others similarly situated" (or equivalent language). The purpose of a class action is to secure a judicial remedy which not only eliminates a wrong committed against an individual, and compensates her/him for the effects of that wrong, but which also provides such remedies for all others in a definable class who have suffered as a result of the same practice or practices. The technical legal requirements and definition of a class in federal court proceedings are contained in the Federal Rules of Civil Procedure.
Compliance:
A situation in which an agency fully meets the requirements of laws, rules, regulations and court cases that mandate nondiscrimination and affirmative action.
Compliance Agency:
Any local, state or federal government agency that administers laws or regulations in the EEO field.
Disabled Individual:
Any person who (1) has a physical or mental impairment that substantially limits one or more life activities; (2) has a record of such impairment; or (3) is regarded as having such an impairment.

The following are general definitions as to the meaning of 'disability':
  1. Physical or Mental Impairment means (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and endocrine; or (2) any mental or psychological disorder, such as retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term 'physical or mental impairment' includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, recovering addicts and alcoholism.
  2. Major Life Activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, and receiving education or vocational training.
  3. Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more life functions.
  4. Is regarded as having an impairment means (1) has a physical or mental impairment that does not substantially limit major life activities but that is treated by an employer as constituting such a limitation; (2) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (3) has none of the impairments defined above, but is treated by an employer as having such an impairment.
  5. Substantially limits means that the degree the impairment affects employability. A disabled individual who is likely to experience difficulty in securing, retaining or advancing in employment will be considered substantially limited.
Disabled Veteran:
A person entitled to disability compensation under laws administered by the U.S. Veteran's Administration for a disability rated at 30% or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.
Discrimination:
An intentional or unintentional act that adversely affects employment opportunities because of race, color, religion, sex, disability, marital status, or national origin, or other factors such as age (under particular laws). See Age Discrimination in Employment Action of 1967.
Disparate Effect or Disparate Impact:
The result of an employment policy, practice or procedure that, while fair and neutral in its face, in practical application has less favorable consequences for a protected class than for the dominant group. This can be unlawful if the policy cannot be justified on the basis of business necessity.
Disparate Treatment:
When an employer treats some people less favorably than others because of their race, color, religion, sex or national origin. Proof of discriminatory motive is essential although it may be inferred from the fact of differences in treatment.
Division of Human Rights:
The New York State agency established to receive, investigate and pass upon complaints alleging violations of Human Rights Law.
Employee:
Under Title VII of the Civil Rights Act of 1964, as amended: "... an individual employed by an employer except that the term 'employee' shall not include any person elected to public office in any State or political subdivision of any State ... or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policy-making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State Government, governmental agency or political subdivision."
Equal Employment Opportunity (EEO):
Where all personnel activities are conducted so as to assure equal access in all phases of the employment process. Employment decisions are based solely on the individual merit and fitness of applicants and employees related to specific jobs, without regard to race, color, religion, sex, age, national origin, criminal record.
Equal Employment Opportunity Commission (EEOC):
The federal government agency mandated to enforce Title VII of the Civil Rights Act of 1964, as amended. The Commission has five members each appointed to a five-year term by the President of the United States with the advice and consent of Congress. The Federal Commission on Equal Employment Opportunity has the power to bring suits against any respondent except a government, governmental agency, or political subdivision, issue resolutions that have the force of law, render decisions, provide legal assistance to complainant, etc. in regard to fair employment.
Equal Employment Opportunity Coordinating Council (EEOCC):
The coordinating body established under Section 715 of Title VII of the Civil Rights Act of 1964 in its amendment by the Equal Employment Opportunity Act of 1972. The EEOCC is composed of the Secretary of Labor, the Chair of the EEOC, the Attorney General, the Chair of the U.S. Civil Service Commission, or their respective delegates. The Council is responsible for taking steps to "... maximize effort, promote efficiency, eliminate conflict, competition, duplication and inconsistency among the operations ..." of various federal agencies with compliance responsibilities in equal employment opportunity.
Equal Pay:
To provide equal pay for men and women performing jobs requiring equal skills, effort, and responsibility and which are performed under similar working conditions (as required by the Equal Pay Act of 1963 for employers subject to the Fair Labor Standards Act, e.g., in a department store a female salesperson in the ladies' shoe department must receive pay equal to that of a male salesperson doing equal work in the men's shoe department).
Ethnic Group:
A group identified on the basis of religion, color or national origin.
Executive Order:
A regulation issued by the President of the United States or the chief executive of a state.
Goals:
Good faith, quantitative employment objectives which the Federal government requires Federal contractors, such as Rensselaer, to set as progress they can make within a certain time period (usually one year) to correct underutilization of qualified women and minorities in their work force.
Guidelines:
Documents 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.
Hispanic:
A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.
Human Rights Dispensation:
New York State Executive Law, Article 15, Section 296 (12) provides that an employer may carry out a plan to increase the employment of members of a minority group that has a disproportionately high unemployment rate. Implementation of this provision is subject to approval by the Division of Human Rights.
Job Analysis:
The systematic study of a job to identify work behaviors and other information relevant to the job that will enable those planning examinations or other selection devices to determine the knowledge, skills and abilities required for successful performance on the job.
Job Category:
A grouping or aggregation of job classifications for purposes of analysis or official reporting. For example, officials and administrators, instructional, professional noninstructional, clerical/secretarial, technical/paraprofessional.
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.
Parity:
A condition achieved in an organization when the protected class compensation of its work force is equal to that in the relevant available labor force.
Prima Facie:
A legal presumption that arises from a basic showing of facts that will control a decision unless the factual showing is rebutted.
Protected Class Members:
Protected class members are individuals identified under New York State and federal discrimination statutes. The following classifications are considered to be "protected" under operative equal opportunity and affirmative action legislation: Minorities, persons classified as Black, Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native; Disabled Individuals; Disabled Veterans and Veterans of the Vietnam Era; Age, any person who is 40 years of age or older; and Women.
Reasonable Accommodations:
The changing of environment, schedules or requirements to adapt to the known physical or mental limitations of a qualified disabled applicant or employee.
Relevant Work Force:
All individuals who are qualified to perform a particular job and who would accept employment in the particular geographic location.
Selection Process:
Any measure, combination of measures, or procedures used as a basis for any employment decision; commonly consists of minimum qualifications, test(s), employment interview, and probationary period.
Sexual Harassment:
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
  1. Submission to conduct is either an explicit or implicit term or condition of employment; or
  2. Submission to or rejection of conduct is used as a basis for an employment decision affecting the person rejecting or submitting the conduct; or
  3. The conduct has the purpose or effect of unreasonably interfering with an affected person's work performance, or creating an intimidating, hostile, or offensive work environment.
Sexual Orientation:
A private preference, a history of such a preference, or an identification with having such a preference of an individual for heterosexuality, homosexuality, or bisexuality.
Standard Metropolitan Statistical Area (SMSA):
A statistical standard developed for use by federal agencies in the production, analysis, and publication of data on metropolitan areas; each SMSA has one or more central counties containing the area's main population concentration and may also include outlying counties that have close economic and social relationships with the central counties.
Timetable:
A specified time frame, required in all affirmative action plans, within which an employer seeks to achieve established numerical employment goals.
Underutilization / Under representation:
Term used to describe a situation where there is a disparity between the percentage of protected class employees in a job or job category and the percentage of women and minorities qualified protected class persons in the relevant labor market.
United States Commission on Civil Rights:
An independent, bipartisan agency established by Congress in 1983 and directed to:
  1. Investigate complaints alleging that citizens are being deprived of their right to vote by reason of their race, color, religion, sex, age, disability, or national origin, or by reason of fraudulent practices.
  2. Study and collect information concerning legal developments constituting discrimination or a denial of equal protection of the laws under the Constitution because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice.
  3. Appraise federal laws and policies with respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice.
  4. Serve as a national clearing house for information in respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability or national origin.
  5. Submit reports, findings and recommendations to the President and Congress.
Validation:
The process by which employee selection devices are demonstrated to be predictive of job performance. Under EEOC guidelines, tests or other selection devices that have an adverse impact on minorities or women must be validated according to procedures that are set out in the guidelines.
Veteran:
A person who served in the Armed Forces of the United States during a statutorily defined time of war and who was honorably discharged or was released under honorable circumstances. Armed Forces is defined as Army, Navy, Marine Corps, Air Force and Coast Guard, including all components thereof, and the National Guard when in the service of the United States pursuant to call as provided by law on a full-time active duty basis, which does not include active duty for training purposes.

The specified periods of services are:
12/07/41 - 09/02/45 World War II
06/26/50 - 01/31/55 Korean Conflict
01/01/63 - 05/07/75 Vietnam Hostilities

With the Commissioned Corps of the U.S. Public Health Service:
07/29/45 - 09/02/45 and 06/25/50 - 07/03/52
Veteran of the Vietnam Era:
A veteran of the Vietnam Era is a person who served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released with other than a dishonorable discharge.
Work Force Analysis:
A statistical analysis of the numbers and percentages of all employees of a specific employer by race, ethnic origin, sex, Vietnam Era veteran and/or disability status by job category and level.