EEO Terminology

Administrative Judge (AJ): An official assigned by the Equal Employment Opportunity Commission (EEOC) to hold hearings on formal complaints of discrimination and to otherwise process individual or class complaints for EEOC.

Age Discrimination: A claim of discrimination based on age by an individual who is at least 40 years of age at the time of the alleged discriminatory act.

Aggrieved Person: A person who believes that he/she has been discriminated against in some way and makes his/her concerns known.

Allegation of Reprisal: A claim of restraint, interference, coercion, discrimination, or retaliation in connection with presenting or processing a complaint or because of any opposition to an employment practice made unlawful under Title 29 CFR part 1614.

Basis: The “reason” alleged for discrimination.  An EEO complainant must assert a basis, or reason, including fear of reprisal, when bringing forward a complaint.

Complaint: An allegation of unlawful discrimination that is handled through an administrative procedure.  A complaint may result when an employee believes he or she has been unfairly treated.  The allegation itself is not proof that unlawful discrimination has taken place.  The investigation that follows the acceptance of issues from a formal complaint will provide the basis for a determination as to whether or not unlawful discrimination has, in fact, occurred.

Complainant: An employee, a former employee, or an applicant for employment who files a formal complaint of discrimination and/or fear of reprisal.

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
• Been regarded as having such an impairment.

Discrimination: Any act or failure to act, and/or fear of reprisal, that adversely affects privileges, benefits, working conditions, results in disparate treatment, or had a disparate impact on employees or applicants.

Disparate Impact: Under EEO law, less favorable effect for one group than for another.  Disparate impact results when rules applied to all employees have a different and more inhibiting effect an individual or group over another.  

Disparate Treatment: Inconsistent application of rules and policies to one group of people over another.  Discrimination may result when rules and policies are applied differently to one group over another.

EEO Counselor: An employee of the EEO Office, working under the direction of the EEO manager, who makes informal inquiries and seeks resolution of informal complaints.

Equal Employment Opportunity: The goal of laws which make some types of discrimination in employment unlawful.  Equal employment opportunity will become a reality when each U.S. citizen has an equal chance to enjoy benefits of employment. EEO is not a guarantee of employment for anyone.  Under EEO law, only job-related factors can be used to determine if an individual is qualified for a particular job.  

Equal Employment Opportunity Commission (EEOC): The Federal agency with overall responsibility for federal sector complaints.  The EEOC issues policy and regulations on the discrimination complaint system, holds hearings and makes findings and recommendations on discrimination complaints; and, makes final decisions on discrimination complaints that have been appealed.  It also reviews, upon request, decisions of negotiated grievances and Merit Systems Protection Board (MSPB) appeals if they include issues of discrimination.

Formal Complaint: A written complaint, DeCA Form 55-1, filed under 29 CFR 1614, alleging that a specific act of discrimination or reprisal has/have taken place that is personal to the individual.

Hearing: The Presentation of such oral or written evidence concerning a complaint of discrimination presented before the EEOC.

Informal Complaint: A matter of alleged discrimination which an aggrieved person brings to the attention of the EEO Counselor before a formal discrimination complaint is filed.

Investigative Report:  The report of investigation (ROI) prepared by an investigator after a formal discrimination complaint is filed, accepted for processing, and is investigated.

Job Related: Essential to job performance.  The knowledge skills, abilities, and experience necessary to perform a particular job.  Tests are job related if they test whether an applicant or employee can perform the job in question.  A rule or practice is job related if it is necessary for the safe and efficient performance of a particular job.  For example, a rule prohibiting employees from wearing loose flowing clothing around a high-speed rotating equipment is job-related. However, the same rule applied in an office with no rotating equipment is not job-related and may have a disparate impact on employees in an office.

Merit Principles: The rules established by the Office of Personnel Management that the federal government follows in hiring, promoting, and all terms and conditions of employment. One of those rules state that the selection and advancement shall be made on the basis of an applicant’s or employee’s ability, knowledge, and skills in fair and open competition.

Merit Systems Protection Board (MSPB): The federal agency responsible for deciding appealable personnel actions and mixed case appeals.

Mixed Case Appeal: An appeal filed with the MSPB which alleges that an adverse personnel action resulted in whole or in part, because of discrimination.

Mixed Case Complaint: A complaint involving an action appealable to MSPB which alleges that the action was taken because of discrimination.  Actions appealable to the MSPB include but are not limited to removals, demotions, suspensions for more than 14 days, reductions-in-force, and furloughs for less than 30 days.

Negotiated Settlement Agreement: A written settlement agreement voluntarily signed by the complainant or agent and the agency, during the pre-complaint or formal complaint process, which resolves a discrimination complaint.  The terms of the agreement are binding on both parties.

Official Time: Under 29 CFR Section 1614.605, complainants have a right to a “reasonable” amount of official time, if otherwise on duty, to prepare a complaint filed under this regulation. The complainant is not obligated to change work schedules, incur overtime, or pay travel.  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 their duty time.  Disagreements as to what is “reasonable” time are resolved by the activity Commander or his/her designee.  “Reasonable duty time” includes all time actually spent in meetings and hearings required by an EEOC official, plus a reasonable amount of preparation time.  Reasonable time is generally defined in terms of hours rather than days, weeks, or months.

Office of Federal Operations (OFO): The EEOC component that handles all administrative appeals to the EEOC.

Prima Facie: This Latin term translates as “on first view”, or “at first appearance”. In EEO cases, complaints 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 the employment discrimination by law. Every U.S. citizen is a member of some protected class and is entitled to the benefits of EEO law.

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 an aggrieved, complainant or the class agent.  The representative may accompany, represent, and advise in the complaint process.

Reprisal: Unlawful restraint, coercion or discrimination against complaints, their representatives, witness, 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.

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature based on one or more of the following conditions, a) Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment b) Submission to rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual c) Such conduct  has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

Under Utilized: To use less than fully; below potential use.  This term is often applied to categories of employees who are working at jobs that do not make use of their skills and abilities, although they may have been hired for those skills and abilities.  When an employee is consistently assigned to “dead end” jobs, he or she may be underutilized because they are often seen as able to perform only limited tasks.