Employment Law: Vocabulary - C233 WGU

Employment Law: Vocabulary - C233 WGU

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92 terms tyaj Practice questions for this set Learn1 / 7Study using Learn The power of the Supreme Court to consider whether a law complies with the Constitution Choose an answer 1Arbitration2Mediation 3Judicial restraint4Judicial review Don't know?

American with Disabilities Act (ADA)Employers with 15 or more employees are prohibited from discriminating against people with disabilities. In general, the employment provisions of the ADA

require:

• equal opportunity in selecting, testing, and hiring qualified applicants with

disabilities

• job accomodation for applicants and workers with disabilities when such

accomodations would not impose "undue hardship"

• equal opportunity in promotion and benefits

Affirmative actionMaking an extra effort to hire and promote those in protected groups, particularly when those groups are underrepresented Affirmative action planPlan that analyzes a workforce to determine whether protected classes are underutilized in different job groups, and describes how an organization will address any underutilization that exists Age Discrimination in Employment Act (ADEA) Act prohibiting arbitrary age discrimination, specifically protecting individuals over the age of 40 Agency theoryPerson (for example, a manager) is expected to act on behalf of a principal (for example, the owner of the company) AnimusMind set or intention ArbitrationA procedure for resolving collective bargaining impasses by which an arbitrator (third party) chooses a solution to the dispute Bargaining unitA group of employees performing jobs in an industry with sufficient "community of interests" to constitute a unit to be represented in collective bargaining BFOQ (Bonafide Occupational Qualifications)Job requirements that an employee be a particular religion, sex, or national origin that is reasonably necessary to business operations. For instance, it is assumed that an opening for a Baptist minister at a local Baptist church would be filled by a minister who is actually a person who celebrates the Baptist religion and not, say, the Episcopal religion Business necessityA practice necessary for safe and efficient organizational operations Case lawThe law is laid down in the the decisions for the courts (distinct from statutes or other sources of law) Civil lawLaws that deal with the rights of people rather than with crimes ColorSkin pigmentation especially other than white characteristic of race Common lawPrinciples developed over centuries as a result of legal decisions made by judges in individual cases Comparable worthA public policy that advocates remedies for any undervaluation of women's jobs (also called pay equity)

ComplaintA formal allegation against a party ConciliationProcess where a third party acts as an intermediary between the parties in a labor dispute, helping them to reach a settlement ConglomerateA highly diversified firm that has multiple businesses with no relationships Constructive dischargeDismissal that occurs when an employer forces and employee to resign by creating a work environment that is so unpleasant that a reasonable person would resign Continual trainingA mandate that all employers provide training to workers on a periodic basis, and whenever an employee is hired or assigned to a new job Covenant of good faithA presumption that each party in a contract will deal with each other in good faith and fairness DefamationCommunication that damages an individual's reputation in the community, preventing them from obtaining employment or other benefits DiscoveryProcedures for gathering facts prior to the time of trial in order to eliminate the element of surprise in litigation Disparate impactEffect when an employment practice that may appear to be fair unintentionally discriminates against members of a protected class Disparate treatmentTheory of discrimination based on different treatment given to individuals because of their race, color, religion, sex, national origin, age, or disability status Dual purpose doctrine/missionOccurs when an employer conducts personal and work business at the same time; subjects the employer to liability for the employee's actions Economic realities testA test that classifies a worker as an if the employee is substantially economically dependent on an employer EmployeeOne who performs services under the direction and control of another EmployerOne who employs the services of others in exchange for wages Employment at willUnited States law that states that organizations can generally hire, fire, or promote a person for any reason at any time. In addition, employees can leave for any reason at any time Equal Employment Opportunity Commission (EEOC) Federal agency that enforces anti discrimination statutes with employers, and is a resource for employees claiming employment discrimination Essential functionsJob duties and responsibilities that are the reasons for the job's existence

EstoppelThe principle by which a person is barred from pursuing a certain course of action or of disputing certain matters; that person's conduct deems permission to pursue unjust EthnicityTraits, background, allegiance, or association E-verifyOnline tool administered through the US Citizenship and Immigration Services (USCIS), and used by employers to verify the validity of documents presented by new hires Explicit contractExpress contract; Verbal or written agreement in which the parties state exactly what they agree to do Fair Credit Reporting Act (FCRA)Requires employers take specific steps prior to requesting or using a consumer report (disclosure, written permission, notice of adverse action, right to dispute) Fair Labor Standards Act (FLSA)Prescribes Standards for minimum wage, overtime and child labor laws in

employment; requires employers of covered employees who are not exempt to:

• pay at least the federal minimum wage
• pay overtime pay at one-and-a-half times the regular rate of pay
• limit the employment of minors

Family and Medical Leave Act (FMLA)Provides certain employees with up to 12 weeks of unpaid, job-protected leave per year; also requires their group health benefits to be maintained during their leave Federal Mediation and Conciliation Service (FMCS) Established by the Taft-Hartley, an agency to help management and labor settle contract disputes Fellow servant ruleAn employer defense that another employee, not the employer, caused a workplace injury First written warningSecond step in the 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
• describes steps that need to be taken to improve performance and remain

employed Four-fifths ruleRule that states that an employment test or other screening device/process has a disparate impact if the hiring rate for a minority group is less that four-fifths (80%) of the hiring rate for the majority group Gender discriminationThe stereotyping of how a male or how a female should act General duty clauseStandard that requires employers to provide jobs and a workplace environment that are free from recognized safety and health hazards that could potentially cause of death or serious physical harm; this standard also requires employers to comply with all OSHA rules, regulations, and standards