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DoDI 1400.25-V1614, December 1996

GLOSSARY

DEFINITIONS

ADR. A technique for resolving complaints of discrimination without resorting to formal EEO processing methods.

agency representative. An individual who has been delegated the authority to present the agency’s position in investigative proceedings, appeal hearings and civil actions, and who may be delegated the authority to commit the agency to resolution of the complaint.

claim. The employment policy or practice being challenged in the complaint and the alleged basis for the discrimination, e.g., race, color, national origin, sex, religion, age (40 or older), mental or physical disability, or reprisal.

complainant. An employee, former employee, or applicant for DoD civil service or nonappropriated fund employment who files an EEO complaint of discrimination. The term also includes other individuals who file EEO complaints and who meet the legal test for “employee” status under references (d) and (i).

complaint history. Information needed when reprisal is the basis of an EEO complaint. It includes the number and date of EEO complaints previously filed, the basis for the complaints, the activity where they occurred, and the prior involvement of any management official involved in the complaint at hand.

continuing violation. A series of related acts that are recurring in nature and are linked by a common nexus or theme, provided one or more of such acts fall within the time limit to initiate informal EEO counseling. Continuing violation allegations require a determination of whether one or more of the complained-of acts fall within the 45-day time limit for initiating informal EEO counseling and whether the acts are similar in subject matter, frequency of occurrence, and degree of permanence.

disability. A term substituted for “handicap” as defined in 29 CFR 1614.203 (reference (d)).

discrimination. An unlawful employment practice that occurs when in employer fails or refuses to hire, discharges, or otherwise discriminates against any individual with respect to compensation, terms, conditions of privileges of employment because of race, color, national origin, religion, sex, age (40 or under), primal, or rental or physical disability. It also includes situations where an employer limits, segregates, or classifies employees or appliances for employment in any way that would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect his/her status as an employee because of race, color, religion, sex, national origin, age (40 or older), reprisal, or mental or physical disability.

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GLOSSARY

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