Glossary

Plain-language definitions for terms that recur throughout the book. Definitions are educational summaries, not advice about a specific matter.

Adverse Employment Action

A material change in the terms or conditions of employment, such as termination, demotion, pay cut, or a significant reduction in responsibilities, that a court treats as harm an employee can sue over.

At-Will Employment

The default rule in most states that an employer may end employment for any reason or no reason, so long as the reason is not an illegal one such as retaliation or discrimination.

Constructive Discharge

A resignation that the law treats as a firing because the employer made working conditions so intolerable that a reasonable person would feel forced to quit.

Disparate Impact

A neutral policy or practice that is not intended to discriminate but that disproportionately harms a protected group, which can be unlawful even without intent.

EEOC

The Equal Employment Opportunity Commission, the federal agency that enforces workplace anti-discrimination laws and issues the right-to-sue notice many employees need before filing suit.

Hostile Work Environment

Harassment based on a protected characteristic that is severe or pervasive enough to alter the conditions of employment and create an abusive working environment.

Pretext

A false reason an employer gives to cover the real, unlawful motive for an action, such as citing performance to disguise retaliation.

Protected Activity

Conduct the law shields from punishment, such as reporting discrimination, filing a complaint, requesting an accommodation, or participating in an investigation.

Retaliation

An adverse action taken against an employee because the employee engaged in protected activity. Timing between the activity and the action is often the strongest evidence.

Right-to-Sue Letter

A notice from the EEOC or a state agency that allows an employee to file a lawsuit in court, usually within a strict deadline after it is issued.