Americans with Disabilities Act (ADA) Title I of the Americans with Disabilities Act of 1990 is part of a federal law that prohibits discrimination against someone with a disability. Disability is decided on a case-by-case basis and does not include conditions such as current substance abuse. This law applies to the whole employment cycle, from application through advancement and termination.
Affirmative action Proactive policies aimed at increasing the employment opportunities of certain groups (typically, minority men and/or women of all racial groups). Title 5, Section 503 of the Rehabilitation Act requires that affirmative action be taken in employment of persons with disabilities by Federal contractors. Affirmative action was designed to rectify past discrimination but has been controversial since its inception.
Background screening / pre-employment screening An investigation to ensure that employers are hiring qualified and honest employees and that a prospective employee is capable of performing the functions required by the job. The screening can involve criminal background checks, verification of Social Security numbers, past addresses, age or year of birth, corporate affiliations, bankruptcies, liens, drug screening, skills and behavioral assessments. If an employer outsources pre-employment screening, the federal Fair Credit Reporting Act requires that there must be a consent and disclosure form separate from an employment application.
Base wage rate (or base rate) The monthly salary or hourly wage paid for a job, irrespective of benefits, bonuses, or overtime.
Benchmarking Measurement of performance standards against others doing similar work.
Bullying The persistent, offensive, abusive, intimidating, or insulting behavior, abuse of power, or unfair penal sanctions which makes the recipient feel upset, threatened, humiliated or vulnerable, which undermines their self-confidence and which may cause them to suffer stress.
Constructive dismissal A situation in which an employer’s behavior (either one serious incident or a pattern of incidents) creates a negative work environment, leading to an employee’s resigning. Such behavior is generally considered a breach of contract and gives the employee the right to seek compensation in court.
Disciplinary procedure A standardized process that an organization commits to when dealing with an employee who has breached the terms of employment in some way. If this procedure is not standardized and fair, the organization may face discrimination or other legal charges.
Discrimination The favoring of one group of people, resulting in unfair treatment of other groups that are indentified by federal, state, or other governmental body as being in a protected class. See also Equal Employment Opportunity Commission (EEOC).
Dismissal / termination / firing The act of removing an employee from employment with the company.
Equal Employment Opportunity Commission (EEOC) The watchdog for various types of discrimination: Age, Disability, Equal Pay, National Origin, Pregnancy, Race, Religion, Sex, Sexual Harassment, Genetic Information.
Exempt versus nonexempt employees The difference between exempt and nonexempt employees generally defines who gets paid overtime and who doesn’t. The U.S. Department of Labor specifically designates certain classes of workers as exempt, including executives, administrative personnel, outside salespeople, highly skilled computer-related employees, doctors, lawyers, and engineers.
Fair Labor Standards Act of 1938 (FLSA) The federal legislation that established overtime wage requirements and defined specific exempt occupations.
Gross misconduct An action so serious that it calls for the immediate dismissal of an employee.
Harassment Non-sexual harassment is any type of repeated abusive or demeaning conduct that is based on a person’s race, color, religion, national origin, physical or other disability, age, political belief, or affiliation, or socioeconomic status. See also Sexual harassment.
Hostile work environment A form of sexual harassment.
Incumbent The individual who is currently employed in a position.
Independent contractor A self-employed person (or company) who works for another person or organization on a contract basis.
Job analysis (job audit) A systematic procedure for gathering information about the current or proposed duties and requirements of a position in order to determine the most appropriate classification (job title).
Job classification A group of positions sufficiently alike in respect to their duties and responsibilities to justify a common name and similar treatment in selection, compensation, and other employment processes.
Job description A summary of the duties and responsibilities attributed to a job classification and the knowledge, skills, and abilities required to perform satisfactorily in any position which is similarly classified. See also Position description.
Job title The formal name of the position.
Nepotism The preferential hiring of relatives and friends, even though others might be more qualified for those positions.
Onboarding The process of moving a new hire from applicant to employee status—ensuring that paperwork is done, benefits administration is underway, and orientation is completed.
Outsourcing A situation in which management invites external contractors to undertake work that was previously done by in-house staff.
Position A group of duties and responsibilities that require the full- or part-time employment of one person.
Position description A detailed summary of the duties attributed to an individual position. Provides specific information about a position that is not available in a generic job description.
Posting The process of making job vacancies known to interested job applicants.
Promotion A change in which an employee moves from his/her current position to another position of higher classification with a higher salary. Generally, such a change requires more extensive education and/or experience. Intradepartmental promotions (within same department) do not necessarily require formal search procedures.
Quid quo pro Literally, “for this you get that.” A form of sexual harassment.
Reclassification A change in the classification (job title) of a position resulting from a job audit (job analysis). See also Job analysis (job audit), Job title.
Sexual harassment Harassment that may include sexually offensive language, inappropriate remarks about one’s body or sexual activities, and indirect or direct pressure for sexual activity—with or without implied or directly stated threats. See also Harassment.
Social media Internet sites and services that allow users to generate and exchange content and interact with each other in a variety of ways. Forums, podcasts, bookmarking, blogs, and social networking sites are types of social media. These types of interaction can be used for collaboration, communication, and entertainment. HR professionals often use social media to source candidates and create peer networks.
Transfer The movement of an employee from his or her current position to a different position within the company.
Vacancy A budgeted position in which no employee is currently appointed.
Work-life balance The attempt to balance work and personal life in order to have a better quality of life. A person with a balanced life is an asset to his or her business, as he or she experiences greater fulfillment at work and at home.