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Term Definition
Retaliation

Retaliation occurs when an employer punishes an employee for engaging in legally protected activity.

Settlement

Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.

Sex Discrimination

Sex Discrimination or Sexism is prejudice or discrimination based on a person's sex. Sexist attitudes may stem from traditional stereotypes of gender roles, and may include the belief that a person of one sex is intrinsically superior to a person of the other. A job applicant may face discriminatory hiring practices, or (if hired) receive unequal compensation or treatment compared to that of their opposite-sex peers. Extreme sexism may foster sexual harassment, rape and other forms of sexual violence.

Sexual Favoritism Harassment

Sexual Favoritism Harassment occurs when a manager or supervisor is in a sexual relationship with another employee and the manager or supervisor shows favoritism toward that employee. Such favoritism can come in the form of promoting them ahead of other, more qualified candidates.

Sexual Harassment

Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In most modern legal contexts, sexual harassment is illegal. As defined by the US EEOC, "It is unlawful to harass a person (an applicant or employee) because of that person’s sex." Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Sexual Harassment Policy

Policy set by employer for reporting incidents of sexual harassment.

Sexual Harassment Training

Employers can limit their liability and prevent incidents of sexual harassment by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

Sexual Orientation Discrimination

Sexual orientation discrimination includes being treated differently or harassed because of your real or perceived sexual orientation -- whether gay, lesbian, bisexual, or heterosexual.

Standard of Proof

Degree of proof required. The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof.

Statute

A law passed by a legislature.

Statute of limitations

The time within which a lawsuit must be filed. The deadline can vary, depending on the type of civil case.

Subpoena

A command, issued under a court's authority, to a witness to appear and give testimony.

Summary judgment

A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when – on the undisputed facts in the record – one party is entitled to judgment as a matter of law.

Testimony

Evidence presented orally by witnesses during trials or before grand juries.

The Uniform Service Employment and Reemployment Rights Act of 1994

The Uniform Service Employment and Reemployment Rights Act of 1994 (USERRA) prohibits discrimination against persons because of their service in the uniformed services.