Potpouri
Employers must engage in this when an employee with a disability requests a reasonable accommodation
What is the Interactive Process
Complainant must have one of these in order to file an EEO complaint
What is a protected EEO basis
Agencies are required to complete investigations of formal complaints within this number of days following the date of Complainant's formal complaint
What is 180
Prohibits employment discrimination against individuals over age 40
What is the Age Discrimination and Employment Act of 1967 (ADEA)
Law that enables complainants to receive compensatory damages in EEO complaints
What is the Civil Rights Act of 1991
A substantially limiting medical condition that is not completely controlled by medication is covered as a disability under this law
What is the Americans with Disabilities Amendments Act of 2008
Complainants must be subjected to this in order to prove a disparate treatment claim
What is an Adverse Action
Agencies are required to complete investigations within the earlier of 180 days after the complaint was amended or this many days after the initial complaint was filed
What is 360
Requires employers to pay similar wage rates for similar work without regard to gender
What is the Equal Pay Act of 1963 (EPA)
Provides protection from retaliation and confidentiality to federal employees, former employees, and applicants who report allegations of fraud, gross mismanagement, or abuse of authority
What is the Whistleblower Protection Act of 1989
An Agency's reason it promoted the best qualified candidate without specifics on how the selectee was better qualified than Complainant is legally insufficient because it fails to prove this
What is the Agency's legitimate, non-discriminatory reasons for its actions
After proving s/he was subjected to harassment based on membership in a protected group and/or protected activity, Complainants must prove this in a harassment complaint
What is that the harassment had the purpose and effect of unreasonably interfering with Complainant's work performance and/or creating an intimidating, hostile, or offensive work environment
Federal agencies must issue a final agency decision in mixed-case complaints within this number of days
What is 120
Sections 501 and 505 of this law prohibit discrimination in federal employment against qualified individuals with disabilities
What is the Rehabilitation Act of 1973
When the Agency proves legitimate, non-discriminatory reasons for its actions, the burden of proof shifts to Complainant to prove this
What is Pretext
The two things an Agency must prove regarding its response to a harassment complaint to escape liability
What are that the Agency response was (1) prompt, and (2) appropriate
The two key elements in proving a reprisal claim
What are (1) Complainant engaged in protected EEO activity, and (2) the Agency officials involved in the alleged reprisal were aware of Complainant's protected activity before the treatment at issue occurred
What is an amendment
Law that outlines regulatory authority and responsibility for equal employment opportunity in the federal government
What is 29 CRF Part 1614
Agency defense to a claim that its policies discriminate against members of a protected group
In a complaint of disability discrimination based on alleged discriminatory qualification standards, an Agency can defend itself by proving this regarding Complainant
What is that Complainant posed a Direct Threat
The two ways Complainants can prove there was a nexus between his or her protected group and the adverse employment action
What are (1) showing a similarly situated employee not of Complainant's protected group was treated more favorably under similar circumstances, and (2) providing other evidence that raises an inference of discriminatory animus
Involves a challenge in an EEO complaint to process outside the EEO complaint process, such as the grievance process or worker's compensation program
What is a Collateral Attack
The first Civil Rights Act, which covered only race
What is the Civil Rights Act of 1866
These damages are not available in claims against the federal government
What are Punitive Damages