Discrimination
Unfair treatment because of race, color, religion, sex (including pregnancy, related medical conditions), national origin, disability, age (age 40 or older), or genetic information
Charismatic bully
A bully can be likeable, humorous, clean-cut, high-achieving, and come from an outwardly appearing functional family. Their charm is likely to mask any hint of anti-social behavior, making them difficult to identify.
Derogatory
Expressive of a low opinion. Detracting from the character or standing of something. Derogatory means to belittle, diminish, and express criticism or a low opinion of someone or something
Discrimination
Treating someone less favorably than someone else because of a protected characteristic, such as that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. Employment discrimination generally exists where an employer treats an applicant or employee less favorably merely because of a person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. It may also occur if an employer disciplines, terminates, or takes unfavorable actions against an employee or job applicant for discussing, disclosing or asking about pay. Employment discrimination can be against a single person or a group.
Disparate Impact
Dispparate impact occurs when policies, practices, rules and other systems that appear to be neutral result in a disproportionate impact on a protected group. Federal laws prohibit job discrimination based on race, color, sex, sexual orientation, gender identity or expression, natioinal origin, religion, age, military status, equal pay, pregnancy, disability or genetic information.
Ethnic Group
Ethnic goup, is a social group or category of the population that, in a larger society, is set apart and bound together by common ties of race, language, nationality, or culture.
Ethnicity
How one sees oneself and how one is seen by others as part of a group on the basis of presumed ancestry and sharing a common destiny. Common threads that may tie one to an ethnic group includes skin color, religion, language, customs, ancestry and occupational or regional features.
Harassment
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy and related medical conditions), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Hostile Work Environment
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a coworker, or a non-employee. The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct. Unlawful harassment may occur without economic injury to, or discharge of, the victim.
Micro-aggressions
A comment or action that subtly expresses a prejudiced attitude towards someone based on their identity
Intellectual Disability
The Americans with Disabilities Act is a federal law that prohibits discrimination against qualified individuals with disabilities. An individual is generally diagnosed as having an intellectual disability when 1. the person's intellectual functioning level (IQ) is below 70-75; 2. the person has significant limitations in adaptive skill areas as expressed in conceptual, social and practical skills; and 3. the disability originated before the age of 18. Adaptive skill areas refer to basic skills needed for everyday life. ADHD, dyslexia, dyspraxia and Autism are all on the neurodiveresity spectrum.
Intellectual Disability
The Americans with Disabilities Act is a federal law that prohibits discrimination against qualified individuals with disabilities. An individual is generally diagnosed as having an intellectual disability when 1. the person's intellectual functioning level (IQ) is below 70-75; 2. the person has significant limitations in adaptive skill areas as expressed in conceptual, social and practical skills; and 3. the disability originated before the age of 18. Adaptive skill areas refer to basic skills needed for everyday life. ADHD, dyslexia, dyspraxia and Autism are all on the neurodiveresity spectrum.
Protected Class
Protected class are 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.
Retaliation or Reprisal
To intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this policy, or because the individual has made a report or complaint, testified, assisted, or participate or refused to participate in any manner in an investigation, proceeding, or hearing. Intimidation, threats, coercion or crimination, including charges against an individual for conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by this police constituttes retaliation. Retaliation is a violation of this policy regardless of whether the underlying allegation of a violation of this policy is ultimately found to have merit. The exercise of rights protected under the First Amendment and other provisions of the United States Constitution does not constitute retaliation. Charging an individual with a policy or conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy does not constitute retaliation.
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 either explicitly or implicitly a term or condition of an individuals employment. B. Submission to or 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. TBR/Motlow's Definition of Title IX Sexual Harassment - Title IX Sexual Harassment – conduct on the basis of sex that satisfies either of the following:
an employee of an institution conditioning provision of an aid, benefit, or service of an institution on an individual’s participation in unwelcome sexual conduct (quid pro quo); unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity. “Reasonable person” means a reasonable person under similar circumstances as and with similar identities to the Complainant. TBR institutions will consider the totality of the circumstances, including without limitation, the context in which the conduct and/or words occurred, and the frequency, nature, and severity of the words and/or conduct. In no event shall Title IX sexual harassment be construed to prohibit speech protected by the First Amendment to the United States Constitution (e.g., merely offensive or insulting speech). (With respect to conduct by employees, TBR institutions also prohibit sexual harassment in accordance with TBR Guideline P-080 and institutional policy.) See Clarifications for more information.
Verbal disrespect
Lack of special regard or respect for, expressed verbally.
Workplace violence
An action (verbal, written or physical aggression) which is intended to control or cause, or is capable of causing, death or serious bodily injury to oneself or others, or damage to property. Workplace violence includes abusive behavior toward authority, intimidating or harassing behavior, and threats.
Types of Discrimination
Age discrimination
The Age Discrimination in Employment Act of 1967, as amended, protects individuals who are 40 years of age and older from employment discrimination based on age. Under this Act, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment.
Disability discrimination
The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, training, compensation, advancement, and any other terms, conditions or privileges of employment. The ADA does not require preferential treatment of individuals with disabilities, as employers are free to select the most qualified applicant for the position, but it does prohibit discrimination based solely on a candidate’s real or perceived disability.
Religious discrimination
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and condition of employment. The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless doing so would create an undue hardship on the employer.
National origin
It is unlawful to discriminate against an employee because of the individual’s birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
Pregnancy
Yes, the Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Under this Act, discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex (pregnancy) discrimination.
Sexual harassment
Sexual harassment is unwanted and unwelcome advances of a sexual nature. It could be a touch, written note, joke, picture, etc. It can be intentional or unintentional.
Race, color and sex
Race discrimination occurs when employees are treated differently than other employees because of unalterable characteristics, such as physical features attributed to their race. For example, this Act prohibits discrimination against an Asian individual because of physical characteristics such as facial features or height. Color discrimination occurs when persons are treated differently than others because of their skin pigmentation. Color discrimination can occur within the same ethnic group.
Reprisal/Retaliation
Retaliation is a discriminatory or adverse action made against a person who files a complaint or charge, participates in an investigation or charge, or opposes an employment practice made illegal by any of the statutes. Employees are protected from retaliation in the EEO process.
Bystander Intervention (5 Ds of intervention)
DIRECT: Step in and address the situation directly. Stick with facts, not emotions. Like, "It's not ok to do that."
DISTRACT: You can intervene by distracting either person. Check on the person being harassed or discriminated against. As always, use your best judgmet to be sure both you and the other person are safe.
DELEGATE: You delegate when you find others who can help you intervene. If you don't know either the person in the situation or the person who is harassing, then quickly and safely ask if someone else does and check with them. You should also find someone with authority.
DELAY: For many reasons, you might not be able to do something in the moment. For example, if you're feeling unsafe or unsure, you might want to just check in with the person and ask if they're ok? You might check in with a text, or ask them in person.
DOCUMENT: You could be helpful for the target to have a video of the incident or a written document. Laws about recording in public vary, so check local laws first. Only document it if the situation is not safe. Keep a safe distance and say the day and time in the video.
Always ask the person who is targeted what they want to do with the video. Keep your attention on the person who is being harassed. Make sure anything you do is focused on supporting them.
Title VII of the Civil Rights Act of 1964
The Civil Rights Act of 1964 was landmark legislation in the United States. It outlawed racial segregation in schools, public places, and employment. The act was designed to help African Americans; however, the bill was amended prior to passage to protect women. It also included white pe for the first time. Furthermore, it created the Equal Employment Opportunity Commission, the agency responsible for enforcing Title VII. The act prohibits employment discrimination based on the following: Race, Color, Religion, Sex (including gender identity, sexual orientation, and pregnancy), National origin. The law prohibits reprisal or retaliation for participating in the EEO process or for opposing any unlawful employment practices covered by Title VII. It also requires employers to reasonably accommodate applicants and employees sincerely held religious practices, unless doing so would cause undue hardship on the employer's business operations.