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Legal Glossary
DefinitionsAffirmative ReliefRemedies intended to restore the plaintiff to a position and status that she would have enjoyed had there been no illegal discrimination Attorney’s Fees-legal remedy that requires the defendant to pay for the plaintiff’s attorney’s fees Back Pay/Front PayThe wages a plaintiff would have received but for the employer’s discriminatory practices BFOQ (Bona Fide Occupational Qualification)A legally legitimate reason for which an employer may consider sex as a qualification for hiring Burden-shiftingRefers to the opportunity your employer will have to present its side of the alleged discriminatory or harassing action Circumstantial EvidenceAny fact from which the court can infer discrimination indirectly Civil Rights Act of 1991An amendment to Title VII that added several new remedies to claims of sexual harassment or discrimination Compensatory DamagesDamages that compensate you for any actual losses you may have sustained at the hand of your employer Declaratory ReliefCourt ruling that decides the legal rights or relatinships of the parties in a case Direct EvidenceEvidence so clear that no one would have to infer or imply any meaning to it Disparate ImpactA policy which at first glance seems neutral, but which disproportionately harms women Disparate TreatmentA policy or practice that explicitly treats women differently than men Equal Employment Opportunity Commission (EEOC)The agency primarily responsible for investigating federal claims of employment discrimination on your behalf Equal Pay ActProhibits discrimination on the basis of sex for workers who are performing similar work at the same establishment. It is illegal to pay less for "equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed in similar working conditions." Equitable ReliefAny remedy that the court chooses to grant based on what it deems fair and within its powers to enforce Glass CeilingThis metaphor refers to the discriminatory barrier that prevents women from advancing in their chosen career. Hostile EnvironmentA situation in which any type of sexual Injunctive ReliefA court order in your favor, directing your employer to take (or refrain from) a particular action. For example, the court can order your employer to change its discriminatory practices Negligent Infliction of Emotional Distress The legal cause of action of causing another severe emotional distress through one's negligent conduct Preponderance of EvidenceThe general standard of proof in civil cases. Evidence is said to meet this standard if it is more convincing than opposing evidence. Prima facieLiterally meaning "on its face," the initial evidence a plaintiff must produce to a advance a claim of sexual harassment or discrimination. This burden usually contains several elements. Probable Cause or Reasonable CauseA reasonable suspicion of illegal activity Protected Group/ Protected ClassGroup of people intended by a legislature to benefit from the protection of a statute Punitive DamagesDamages that serve to punish the employer for his actions and to deter future discrimination Quid Pro QuoLiterally "this for that"; when an employee’s reaction to unwelcome sexual conduct is used as a basis for employment decisions, either actual or threatened, affecting compensation, terms, conditions or privileges of employment ReinstatementLegal remedy in which an employee is allowed to return to her terminated position RemedyWhat a court awards if you win your claim of sexual harassment or discrimination Respondeat SuperiorLegal doctrine that holds an employer responsible for the actions of an employee, i.e., a coworker Statute of LimitationsA statute establishing a time limit for suing in a civil case Title VIIFederal law within the Civil Rights Act of 1964 that prohibits employment discrimination based on race, color, religion, sex, or national origin AcronymsBFOQBona Fide Occupational Qualification DFEHDepartment of Fair Employment and Housing EEOCEqual Employment Opportunity Commission EPAEqual Pay Act FCHRFlorida Commission on Human Rights FCRAFlorida Civil Rights Act FECHFair Employment and Housing Commission FEHAFair Employment and Housing Act MCADMassachusestts Commission Against Discrimination MDHRMinnesota Department of Human Rights MEPAMassachusetts Equal Pay Act MHRAMinnesota Human Rights Act PDAPregnancy Discrimination Act
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