What is protected class

Numerical goals provide a standard that allows an activity to measure the effectiveness of its Affirmative Action Program. When numerical goals are reached, the percent of women and minority group members working at appropriate grade levels and classifications will be closer to their percentage in the labor market.

However, when an EEOC administrative judge requests the complainant's presence in connection with a complaint, the complainant will be granted official time for the duration of such meeting or hearing regardless of the tour of duty. Employees must arrange in advance with their supervisors to use this duty time. A reasonable time is generally defined in terms of hours rather than days, weeks, or months.

Prima Facie: This Latin term translates as "on first view", or "at first appearance". In EEO cases, complainants present evidence and arguments to support a claim of discrimination. If those arguments cannot be rebutted with additional evidence, the claim will be supported by the court within further argument. Thus, a prima facie case is established.

In the EEO area, statistics of underutilization have been sufficient to make a prima facie case for discrimination. Protected Class: The groups protected from employment discrimination by law. These groups include men and women on the basis of sex; any group which shares a common race, religion, color, or national origin; people over 40; and people with physical or mental handicaps.

Every U. However, the EEO laws were passed to correct a history of unfavorable treatment of women and minority group members. Quota: Fixed hiring and promotion rates based on race, sex, or other protected class standards which must be met at all costs.

In extreme cases, the courts have assigned quotas to some employers who have continued to practice illegal discrimination. The agency or any other employer cannot use quotas to meet their affirmative action goals unless a court orders it. Quotas are considered discriminatory against males and other non minority people. Reasonable Accommodation: Any change in the work environment, in the way things are customarily done, or in the application process that enables a person with a disability to enjoy equal employment opportunities.

The three general categories of reasonable accommodation are changes to 1 job application process to permit people with disabilities to be considered for jobs; 2 enable people with disabilities to perform the essential functions of a job; and 3 give people with disabilities equal access to the benefits and privileges of employment.

Representative: A person selected and designated in writing by a complainant or the class agent. The representative may accompany, represent, and advise in the complaint process. Reprisal: Unlawful restraint, coercion, or discrimination against complainants, their representatives, witnesses, EEO Counselors, investigators, and other agency officials with responsibility for processing EEO complaints. Settlement: An adjustment arrived at during the pre-complaint or formal complaint process, which resolves issues raised to the satisfaction of the complainant.

The terms of the adjustment must be set out in a negotiated settlement agreement. Underrepresented: Inadequately represented in the workforce of a particular activity. This term is used to describe the extent to which women and minorities are represented in particular grade levels and job categories.

The percentage of women and minorities in the labor market is used as a standard to determine underrepresentation. In this case, blacks are underrepresented at the GS level. Top Skip to main content. Disability: As used in reference to the EEO arena, and as defined in the Rehabilitation Act, means a person who has: A physical or mental impairment that substantially limits one or more of a person's major life activities; or, A history of such impairment; or Who is regarded as having such an impairment?

The Rehabilitation Act of , as amended. Historically and statistically, there have been identifiable groups within our society that have received unfavorable treatment with regard to housing.

They have been rejected or prevented from renting or buying real property, given different terms, paid higher rents or security deposits, or experienced a lower level of service during tenancy than other groups of people. No, the intention of federal and state fair housing laws is to require that ALL persons be given the same treatment, the same services, and offered an equal opportunity to live in a home of their choice—in other words, the same rights as everyone else.

The only exceptions to this that persons with disabilities have been given several special rights the right of reasonable accommodation and reasonable modification in order to establish equal opportunity. Note: If, for some reason, you must deviate from your normal procedures, be sure to document the situation; who, when, what, and why.

The protected classes have been identified at the federal, state, and in some cases, local levels of government. There are some variations that allow for differences in the make-up of individual communities. At the federal level, there are seven classes: race, color, religion, sex, national origin, familial status, and handicap referred to as disability in California. At the state level , California has added marital status, sexual orientation, age, ancestry, source of income, medical condition, gender, gender identity and expression, genetic information, citizenship, immigration status, primary language and military and veteran status.

The majority of discrimination cases filed throughout the United States are filed on the basis of disability. In California, which is often on the cutting edge of legal issues, two additional concepts have been added that pertain to protected classes: perception and association.

Additionally, in California, arbitrary discrimination is considered to be a violation. An immutable characteristic is the clearest way to define a protected class; these characteristics are given the most legal protection. Sexual orientation was previously at the center of a legal debate about immutable characteristics.

However, under today's anti-discrimination laws, sexual orientation has been established as an immutable trait. The first officially recognized protected classes were race and color. The list of protected classes grew significantly with the enactment of the Civil Rights Act of , which banned discrimination in employment based on race, color, national origin, sex, and religion.

Age was added to the list of protected classes in with the passage of the Age Discrimination in Employment Act. The Act applies only to people age 40 and older. In , persons with disabilities were added to the list of protected classes, by the Rehabilitation Act of , which prohibits discrimination based on disability in the employment of federal government employees.

In , the Americans with Disabilities Amendments Act added virtually all Americans with disabilities to the list of protected classes. Actively scan device characteristics for identification.

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