WGU C233 Employment Law

C233 Employment Law 4.6 (16 reviews) Students also studied Terms in this set (147) Western Governors UniversityC 233 Save WGU Employment Law C233 70 terms Dcallahan302 Preview Employment Law C233 39 terms kat_bruce1Preview Employment Law - C233 Assessmen...48 terms bg21ptPreview Employ 50 terms meg Implied ContractLegally binding agreement which is created, not through formal contract negotiation and documentation, but by actions of employer and employee AKA-oral assurances Supremacy Clausemandates that the constitution, federal law, treaties and federal regulations are the highest laws of the land and have priority over state law.Frolic and DetourEmployee's physical departure from the job in order to further his/her own interests and not the employers.Dual Purpose MissionOccurs when an employee conducts personal and work business at the same time; subjecting the employer to the employees actions Pregnancy Discrimination Act (PDA)1978; Prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. Pregnant women must be treated in the same manner as other applicants or employees with similar abilities or limitations. (possibly as a temporarily disabled worker) Equal Pay Act 1963 (EPA)protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination Civil Rights Act of 1991allows for compensatory and punitive damages for violations of Tytle VII Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older Americans with Disabilities Act of 1967 (ADA)prohibits disability discrimination in the private sector

The Rehabilitation Act of 1991prohibits discrimination against qualified individuals with disabilities who work in the federal government Uniformed Services Employment and Re-employment Rights Act (USERRA) protects military personnel from employment disctrimination Equal Employment Opportunity Commission (EEOC) federal agency created by the Civil Rights Act of 1964 and today enforces federal anti-discrimination statutes, and provides oversight for all federal equal opp standards in employment regulations Discriminatory Evidence-Direct Evidence -Comparative Evidence -Bona Fide -Pattern and Practice Direct EvidenceReal, clear evidence of discrimination that requires no inference or consideration to prove existence Comparative EvidenceTwo employees were similarly situated but were treated differently merely because of class characteristic.Bona Fide Occupational Qualification (BFOQ)A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees Pattern and Practicediscrimination is where the employers policies have the purpose or effect of segregation or assigning employees to particular aspects of a business enterprise for no legitimate business necessity Gender Plus Discriminationresults when an employer classifies employees on a basis of gender, plus another characteristic-usually a family-related circumstance Anti-Female AnimusAn environment of animosity toward women Quid Pro Quo(this for that). Notion that an employer seeks sexual favors in exchange for some positive employment outcome for an employee Tangible Job Actionan employment outcome arising out of sexual harassment Hostile Work Environment Requirements-Unwelcome conduct towards victim -objectionable conduct based on gender -conduct sufficiently sever or pervasive to create abusive working environment -conduct alters the conditions of employment in a way which negatively affects victim -employer knew or should have known the unwelcome conduct and took insufficient action to address Unwelcome Conductnot solicited by the employee and that a reasonable person would regard as offensive or unwanted

First Written Warning2nd step in a disciplinary process, which advises an employee that work behavior must change, lays out steps that have already been taken to advise the employee of the deficit and describes steps that need to be taken to improve performance and remain employed Age Discrimination in Employment Act (ADEA) protect workers aged 40 or older. applies to employers/unions with more than 20 employees Title VII Cover Employers that have...fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person EEOCfederal agency created by the Civil Rights Act of 1964, and today it enforces federal anti-discrimination statutes, and provides oversight for all federal equal opportunity standards in employment regulations Disparate Impact Discrimination (Adverse Impact) plaintiff claims not that the employer intentionally discriminated, but rather the employer's procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class.Laws Enforced by EEOC-The Equal Pay Act of 1963 (EPA) The Age Discrimination in Employment Act of 1967 (ADEA) -The Americans with Disabilities Act of 1990 (ADA) (Title I and Title V) -The Rehabilitation Act of 1973 (Sections 501 and 505) -The Civil Rights Act of 1991 -The Uniformed Services Employment and Re-employment Rights Act (USERRA- Equal Pay Act of 1963 (EPA)protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination; Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older Americans with Disabilities Act of 1990 (ADA)and its 2008 Amendments (ADAAA), which prohibit disability discrimination in the private sector The Rehabilitation Act of 1973 (Sections 501 and 505) prohibit discrimination against qualified individuals with disabilities who work in the federal government; The Civil Rights Act of 1991allows for compensatory and punitive damages for violations of Title VII Uniformed Services Employment and Re-employment Rights Act (USERRA) protects military personnel from employment discrimination.

Prima Facie"at first sight"

elements:

An apparently neutral employer's procedure, policy, or practice, which has the effect of limiting employment opportunities for a particular class.That the difference in impact is substantial. Examples of neutral polices and

protected classes impacted might include:

Height and weight restrictions - gender/national origin Language requirements - national origin Physical strength tests - gender Educational requirements - race; dress codes - gender/religion No beard policies - gender/race/national origin/religion Retaliation Under Title VIIThe prima facie case for a retaliation claim is 1) the employee engages in a protected activity; 2) the employee suffers some adverse employment action; and 3) there is a nexus - causal link - between the adverse employment action and the employee's protected activity.elements of a prima facie discrimination case for gender

discrimination are:

-The employee is the protected class.-The employee is qualified for the position.-The employee suffers some adverse employment action.-A person of opposite gender received favorable employment action or the employer continues to look for applicants for the position.Gender Discrimination-stereotyping how a male or female should act -grooming and dress are often issues Grooming/Dress: Gender DiscriminationTitle VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees, but the application must be fair and reasonable. However, if dress or grooming standards are applied unequally or used to promote unequal treatment, they are discriminatory. Requiring women, but not men, doing the same job to wear uniforms perpetuates the notion that women are inferior employees.Example of Gender Plus Discriminationan employer who treats a woman differently from other employees because she is a mother of small children is guilty of gender plus discrimination Prima Facie for Gender Plus Discrimination-He or she has small children -Is qualified for the job -Suffers an adverse employment action -Similarly situated workers of the same gender, without small children, are treated more favorably Immigration Reform and Control Act of 1986 (IRCA) preventing employers from knowingly hiring illegal/undocumented workers and requires them to verify employment within 3 days of hiring -I-9 -Birth Certificate -Passport -Resident Alien Card E-Verifyan internet based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the US using info on the Form I9