Employment Law Terms and Definitions

Executive Order 11246 Executive Order 11246, as amended, prohibits discrimination in employment by contractors with the federal government on the basis of race, color, sex, religion, or national origin. The Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor is the federal agency responsible for investigating individual charges of discrimination under Executive Order 11246. Rehabilitation Act of 1973 Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §791, ("Section 501"), requires departments and agencies of the federal government to have an affirmative action program plan for the hiring, placement, and advancement of individuals with disabilities. Affirmative Action Proactive action to accomplish the purposes of a program which is designed to increase the employment opportunities of certain groups, which may involve goals, timetables, or specifically outlined steps to be undertaken to assure that objectives are reached. Equal Employment Opportunity Nondiscrimination in hiring, firing, compensation, promotion, recruitment, training, and other terms and conditions of employment regardless of race, color, sex, age, religion, national origin or disability. Individual with a Disability A person who has a physical or mental impairment that substantially limits one or more of that person’s major life activities, has a record of such impairment, or who is regarded as having such an impairment. Undue Hardship With respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity, when considered in light of certain factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Mentoring Is an educational process where the mentor serves as a role model, trusted counselor or teacher who provides opportunities for professional development, growth and support to less experienced individuals in career planning or employment settings. Individuals receive information, encouragement and advice as they plan their careers. Job Coach A person hired by the placement agency or provided through the employer to furnish specialized on-site training to assist an employee with a disability in learning and performing a job and adjusting to the work environment. Full Time Employment Defined by the U.S. Bureau of Labor Statistics as employment of 35 hours or more in a week. Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA against private employers and the Disability Rights Section, Civil Rights Division, U.S. Department of Justice enforces Title I of the ADA against state and local government employers. Title I of the ADA designates the EEOC as the federal agency primarily responsible for investigating individual charges of discrimination under the Act.

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	Did You Know?
	Laws prohibit the termination of an employee in retaliation for filing a workers compensation claim The Workers’ Compensation statute in one state, NJSA 34:15-39.1 only prohibits the termination of an employee in retaliation for filing a workers compensation claim or for testifying at a workers’ compensation hearing. If you feel you were terminated for these reasons, one alternative is the filing of a discrimination complaint against your employer with the Division of Workers’ Compensation. Then contact our lawyers.