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GLOSSARY

The definitions in our glossary are primarily sourced from Nolo’s Plain-English Law Dictionary and Cornell Law School’s Legal Information Institute. We have made slight modifications where needed for brevity and to better tailor the definitions to the specific needs of users of this website. For more detailed explanations of the terms, users are encouraged to review the definitions on these websites or conduct their own independent research.

A written request made after a trial court’s final ruling, asking another court to review the trial court's decisions. Appellate courts typically decide whether a legal mistake was made and whether the mistake changed the outcome of the case.

An out-of-court procedure for resolving disputes in which one or more people, “arbitrator(s),” hear evidence and make a decision. It's like a trial in some ways, but typically proceeds more quickly and with less formality.

A lawsuit in which a large number of people with similar legal claims join together (the class) to sue. In this context, it likely refers to cases in which a group of people claim they have suffered discrimination at the hands of an organization.

A document filed in court that starts a lawsuit. In some states and in some types of legal actions, the complaint is called a petition.

When an employee quits a job because working conditions are so intolerable that a reasonable person in the same situation would quit.

the money awarded to one party because of an injury or loss caused by another party.

The person or entity against whom a civil case is filed.

Working conditions that are created when unwelcome, discriminatory conduct that is so severe or pervasive that it alters the conditions of a person's employment and creates an abusive working environment.

A court order requiring a person to do or stop doing a specific action.

Harm done to a person or organization by the acts or omissions of another. Injury may be physical or may involve damage to reputation, loss of a legal right, or breach of a contract.

An appeal that occurs before the trial court's final ruling on an entire case.

Any party to a lawsuit. This might include a plaintiff, defendant, petitioner, respondent, cross-complainant, or cross-defendant, but not a witness or attorney.

The process of bringing and pursuing (litigating) a lawsuit.

A formal request, either written or oral, that a judge enter a particular order or ruling in a lawsuit.

A motion asking the judge to throw out one or more claims or an entire lawsuit.

These phrases refer to a case whose decision rests upon the law as it applied to the particular evidence and facts presented. This is in opposition to cases whose decisions rest upon procedural grounds (e.g. not filing a timely complaint).

The person, corporation, or other legal entity that initiates a lawsuit seeking damages, enforcement of a contract, or a court determination of rights. In certain states and for some types of lawsuits, the term petitioner is used instead.

Any legal document filed in a lawsuit, including the complaint, answer, and motion(s). The pleading stage gives notice to both parties of the intention of the opposing party regarding the lawsuit.

An opinion of a federal or state court of appeals establishing a legal principle or rule that must be followed by lower courts when faced with similar legal issues.

A court order early in a lawsuit that prohibits the parties from taking a disputed action until the court can decide the merits of the case.

A document that public companies must provide their shareholders prior to a shareholder meeting. The document summarizes proposals submitted to shareholders for a vote.

Punishment of an employee by an employer for engaging in legally protected activity like making a complaint of harassment or participating in workplace investigations. It can include any negative job action, such as demotion, discipline, or firing.

A legal rule under which the federal and state governments are immune from being sued in their own courts without their consent. When it applies, it's an impenetrable defense to a claim for damages.

A person's right to sue and have a court rule on their claims. To invoke a federal court's jurisdiction and have the court exercise its remedial powers on their behalf, a person must have standing.

A court order that suspends or stops certain proceedings.

A final decision by a judge, upon a party's motion, that resolves a lawsuit before there is a trial.

Explainer

Diversity Targets

Advancing DEI Initiative

Diversity targets are specific, often numeric goals expressed by an organization to increase the representation of underrepresented groups. These targets can pertain to race, gender, or any other underrepresented group within the organization. For example, an organization might announce that it aspires to increase its representation of women leaders by 25% over a period of five years.

Diversity targets are separate from diversity quotas, which require a specific number or percentage of positions in hiring or promotions to be filled by an underrepresented group. Unlike quotas, which carry significant legal risk, we consider diversity targets to be lawful if designed carefully to be aspirational, and provided that employment decisions (such as hiring and promotion) do not consider race, sex, or any other protected characteristic. However, this is an evolving area of law, so we encourage leaders to seek legal counsel if they plan to adopt or maintain diversity targets in the current environment.

Since the Supreme Court's Students for Fair Admissions decision, there has been an increase in lawsuits challenging diversity targets. In these cases, the plaintiffs, who are typically white and/or men, claim that they experienced negative employment actions (such as not getting hired, getting fired, or getting passed over for a promotion) because of organizations’ efforts to achieve diversity targets. Many of these cases are in the early stages of litigation, so it is unclear if or how they will impact the current law on diversity targets. Nonetheless, organizations can take the following steps to mitigate the risk that diversity targets will be mistaken for quotas or mandates:

Describe the target using aspirational language (such as “aim,” “aspire,” and “strive”) rather than rigid language (such as “will,” “ensure,” or “require”).
Ensure that staff are educated on legal practices and instructed not to consider protected characteristics such as race or sex in hiring and promotion decisions.
Adopt and consistently apply structured and fair hiring and promoting practices that eliminate barriers to entry for historically underrepresented groups.
Avoid implicitly or explicitly linking manager compensation, promotions, or benefits to achieving the diversity target.

Topic

Diversity targets