Resources > Employment Practice FAQs
Common Employment Law Abbreviations
Disability FAQs
Sexual Harassment FAQs
Common Employment Law Abbreviations
ADA: The Americans with Disabilities Act is a federal law that protects persons with disabilities from discrimination in employment, education, and access to public accommodations.
ADEA: The Age Discrimination in Employment Act is a federal law that prohibits discrimination on the basis of age for workers over the age of forty. Only employers with more than twenty employees are required to comply with the ADEA.
AG: The Attorney General, usually referring to the U.S. Attorney General’s office, is entitled, in some situations, to file suit on behalf of a victim of discrimination or harassment.
At-will: Used to describe many employment relationships. “At-will” employment means an employee can quit or be fired for any reason, or for no reason at all. However, at-will employees are eligible to bring actions against employers for violation of anti-discrimination and anti-harassment laws.
B.F.O.Q.: Short for the phrase "bona fide occupational qualification" A B.F.O.Q. may absolve an employer from liability for discrimination when there is a legitimate reason to require, for example, that all of the employees working a particular job be of the same sex or age or religion. The successful use of a B.F.O.Q. defense is rare.
Complainant: The person bringing a claim of discrimination or harassment. If the matter proceeds to a court of law, the complainant may then be referred to as the plaintiff or the petitioner.
DFEH: The Department of Fair Employment and Housing is a California agency responsible for investigating and hearing claims of discrimination or harassment in the workplace, among others.
EEOC: The Equal Employment Opportunity Commission is a federal agency responsible for investigating and hearing claims of workplace discrimination or harassment. Usually, an alleged victim of workplace discrimination or harassment is required to file a claim with the EEOC prior to initiating a private lawsuit.
FLSA: The Fair Labor Standards Act is a federal law that sets minimum wage, overtime pay, recordkeeping and child labor standards for employment subject to its provisions. However, applicable state laws take precedence where such laws provide greater protection to the employee than under the FLSA.
FMLA: The Family and Medical Leave Act is a federal law that applies to employers who have more than fifty employees on their payroll. The FMLA prohibits employers from discriminating against employees who choose to take time off of work to care for certain medical needs of their own, or to care for their family members, including newborn and adopted children.
Hostile work environment: The basis for a sexual harassment claim. A "hostile work environment" is created where the presence of demeaning or sexual photographs, jokes, threats, or overall atmosphere is so pervasive as to create an intimidating and offensive work environment.
Quid pro quo: Latin meaning "this for that." Quid pro quo is a type of sexual harassment in which the harasser asks for a sexual favor in return for providing an employment benefit, such as a raise, continued employment, or other favorable treatment.
Same-sex harassment: Harassment that occurs when a male sexually harasses a male, or a female sexually harasses a female.
Title VII: Title VII to the Civil Rights Act of 1964 is a federal law that prohibits, among other things, discrimination in employment on the basis of race, color, national origin, religion, and sex. [Back To Top]
What laws protect workers with disabilities?
The Americans with Disabilities Act (ADA) is the main federal law that protects workers with disabilities. The Fair Employment and Housing Act (FEHA) is a similar California law. Both laws prohibit discrimination against people with disabilities. Both laws require employers to accommodate the disabilities of employees, and even applicants, when possible.
Who Is Covered?
The ADA and FEHA only protect “qualified workers with disabilities.” To be protected, an employee or applicant must be a qualified worker with a legally recognized disability.
A qualified worker or applicant is an individual who can perform most basic and necessary job duties, with or without some form of accommodation from the employer.
A worker or applicant is legally disabled if he or she falls into one of three categories:
• The worker or applicant has a physical or mental impairment that substantially limits a major life activity (examples: the ability to talk, see, hear, walk, breathe, reason, work or care for oneself). Courts generally do not characterize certain conditions as qualifying disabilities. Instead, courts consider the effect of the particular condition on the particular employee.
• The worker or applicant has a record or history of impairment.
• The worker or applicant is regarded by the employer -- even incorrectly -- as having a disability. In other words, an employer cannot treat workers less favorably because they are perceived as disabled, even if this perception is incorrect.
For an impairment to be a legal disability, it must be long-term. Temporary impairments such as pregnancy or broken bones are not covered by the ADA. However, pregnancy and other temporary impairments may be covered by state laws.
What Does It Mean To Provide A Reasonable Accommodation?
Accommodating a worker or applicant means to provide assistance or to make changes in the workplace or position that will enable the worker to perform the job. Examples include adjusting the physical workspace to accommodate a worker in a wheelchair, adjusting a schedule to accommodate a worker’s need to take certain medication, or providing TDD equipment for a worker whose hearing is impaired.
It is the worker’s or applicant’s duty to inform the employer of the disability and to request a reasonable accommodation. The employer is not legally required to inquire or speculate as to what would help the worker or applicant to be able to perform the work. However, once the disability is brought to the employer’s attention, the employer then is required to engage in a "flexible interactive process" with the worker to determine what types of accommodations would work both for the worker and the employer. Only a reasonable accommodation is required. In other words, if the accommodation would disrupt operations or prove to be too costly, then the employer is not required to make such accommodations for the disabled worker or applicant. In that case, the accommodation would pose an “undue hardship” and therefore is not legally required.
When Does A Particular Accommodation Pose An Undue Hardship For The Employer?
Court consider a number of factors in determining whether a particular accommodation would pose an “undue hardship” on the employer:
• the cost to implement the proposed accommodation
• the size and financial resources of the employer’s business
• the structure of the employer’s business
• the effect the accommodation would have on the business.
Does Alcohol Abuse Constitute A Disability Under The ADA?
Alcoholism is considered a disability under the ADA. use pose special problems under the ADA. However, employees who use alcohol and drugs are required to meet the same work standards as all other employees, including maintaining a drug and alcohol free workplace.
Can An Employer Fire Or Discipline An Alcoholic Employee?
Because alcoholism is considered a disability under the ADA, an employer cannot fire or discipline an employee simply because he or she is an alcoholic. An employer can fire or discipline an alcoholic worker where the worker fails to perform the duties of the job or fails to conform with behavioral guidelines applicable to all employees. It does not matter if alcohol use is the reason for this failure to perform to standards.
Does Drug Use Constitute A Disability Under The ADA?
Use of or addiction to illegal drugs is not considered a covered disability under the ADA. These workers are not considered “disabled” under the ADA. The ADA does cover workers who do not currently use drugs and who have successfully completed (or are currently participating in) a supervised drug rehabilitation program.
Use of prescription medication or over the counter medication to treat a disability is covered under the ADA. In such situations the employer may be required to accommodate a worker’s use of the medication including its side effects. Examples include changes in a work schedule where such an accommodation would not pose an undue hardship on operations. [Back To Top]
How is sexual harassment defined?
The Equal Employment Opportunity Commission (EEOC), the federal agency with responsibility for investigation of claims of harassment and discrimination, defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature...when...submission to or rejection of such conduct is used as the basis for employment decisions...or such conduct has the purpose or effect of...creating an intimidating, hostile or offensive working environment."
Sexual harassment consists of two types of prohibited conduct: 1) quid pro quo -- Latin for “this for that” meaning submission to harassment is used as the basis for employment decisions; and 2) hostile environment -- harassment creates an offensive working environment.
What Can Victims of Sexual Harassment Do?
Employees subjected to sexual harassment should immediately notify their supervisor. However, if the supervisor is the harasser, the employee should go to that supervisor's superiors. Employers cannot solve the problem if they do not know about it. If there is a complaint procedure or a grievance procedure, employees should use it.
The EEOC advises victims to keep a written record of all incidents of harassment, detailing the place, time, persons involved and any witnesses. The EEOC encourages victims to express their disapproval of the conduct to the perpetrator and ask him or her to stop. An employee can file a claim with the EEOC and with the California Department of Fair Employment and Housing. [Back To Top] [Back to Disability FAQs]