EMPLOYMENT AND LABOR LAW P...

Employment law objective assessment wgu Leave the first rating Students also studied Terms in this set (186) Save

EMPLOYMENT AND LABOR LAW (P...

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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 Choose an answer 1nolo contendere2prima facie 3stare decisis4proximate cause Don't know?

lawset of rules for human behavior which are established by legitimate authority precedentcontrolling rule, example or guide which provides framework for other judges to follow stare decisisthe doctrine of a court following precedent of an earlier court constitutionsupreme law of the land judicial reviewpower of courts to determine if law follows constitution supremacy clauseconstitution, federal law, federal regulations are highest laws of land agencycontract relationship between principal and agent whereby principal authorizes agent to work on his or her behalf tortcivil wrong which causes someone harm vicarious liabilityform of secondary liability that comes from respondeat superior respondeat superioremployer is responsible for employee actions performed within scope of employment scope of employmentEmployee conduct that is reasonably relative to a job description.frolic and detouremployees physical departure from job for his/her best interest and not employers (running personal errands on the way to a work meeting) going and coming ruleremoves employer from acts or omissions of employees on the way to work dual purpose missionOccurs when an employee conducts personal and work business at the same time independent contractorperson who is not subject to wage, discrimination, tax and liability laws common law agency testtest used to determine employee status, employer maintains right to control method of work performed (work hours, dress code, billing processes) economic realities testworker is an employee if he is substantially economically dependent on employer IRS 20-factor analysisA list of 20 factors to which the IRS looks to determine whether someone is an employee or an independent contractor. (instructions, training, integration, services rendered personally, hiring assistants etc) integrated enterpriseoperations of two or more employers are so intertwined that they can be considered a single employer joint employerTwo entities, not engaged in an integrated enterprise, that each exert control over an employee

covered employment agencyAn agency that regularly procures employees for at least one covered employer- subject to employment law regulation.covered employerAn employer that is engaged in a commerce industry and employs fifteen or more employees.employment at willemployer may terminate employee at any time for any legal reason without incurring liability public policy exceptioninvoked when an employee is terminated for reasons which violate a public-policy interest. This can include an employee refusing to break the law, exercising a legal right, fulfilling a statutory duty, or engaging in whistleblowing.retaliatory dischargeTermination of an employee as punishment for engaging in a protected activity.implied contractlegally binding agreement which is created, not through formal contract negotiation and documentation, but by the actions of the employer and the employee. The conduct creating the implied contract may be oral assurances from the employer that as long as an employee does good work he or she will have a job.implied covenant of good faith and fair dealing holds that each party to the employment relationship makes an implied promise to treat each other in good faith and fairness, and when that covenant is broken, the employee has a cause of action for wrongful termination.Constructive Dischargeemployer allows intolerable conditions of unfairness or mistreatment to exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit.intentional interference with contractthird party pressures employer to fire employee without cause intentional infliction of emotional distressemployer terminates an employee in an intentionally reckless or outrageous manner such that it causes serious emotional and psychological damage, the fired employee may have a claim for wrongful termination Civil Rights Act of 1964outlawed discrimination based on race, color, religion, sex, or national origin.Covers employers with 15 or more employees Equal Employment Opportunity Commission (EEOC) enforces federal anti discrimination statutes, provides oversight for all federal equal opportunity standards in employment regulations.disparate treatmentintentional adverse or unequal treatment of an individual based upon a protected class characteristic direct evidencereal, clear evidence that requires no interference to prove existence comparative evidencetwo employees were similarly situated but were treated differently merely because of a class characteristic Bona Fide Occupational Qualification (BFOQ)qualification employer is allowed to consider when hiring employees

pattern and practiceemployer's policies have the purpose or effect of segregation or assigning employees to particular aspects of a business enterprise for no legitimate business necessity Disparate Impactthe 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.prima facieevidence based on first impression, in order to file disparate impact claim plaintiff

must establish claims: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 business necessitybusiness purpose that justifies employment decision as effective and necessary four fifths ruleany hiring criteria may be deemed discriminatory if the selection rate of a protected class is less than 80 percent of the majority.pretextexcuse used to cover discrimination McDonnell Douglas Corp. v. Greenfoundational case that establishes the notion of pretextual discrimination adverse job actionA negative job action that results from an employee's lawful actions.retaliation claimfiled by employee who feels he/she was discriminated against in violation of law remediesA desired action resulting from a successful lawsuit.back payMonetary compensation for a plaintiff's lost earnings.Compensatory Damagesmonetary amount necessary to replace what claimant lost including money, pain, non monetary losses punitive damagesmonetary designed to punish employer who acted maliciously ReinstatementA remedy in which a former employee returns to his or her job.front payMonetary compensation in lieu of reinstatement.injunctive reliefcourt order that prohibits defendant from certain actions Price Waterhouse v. Hopkinsimportant case addressing grooming and dress in gender discrimination