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D352 Employment and Labor Law Leave the first rating Students also studied Terms in this set (86) Western Governors UniversityD 352 Save D352 - Employment and Labor Law Teacher 81 terms T_AutmanPreview WGU D352 Employment and Labor ...230 terms chall0512Preview D352 Section 1 Study Guide 94 terms rhialoyPreview

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147 term Brit Practice questions for this set Learn1 / 7Study using Learn A legitimate and justifiable reason for an action taken by an employer in the course of business operations.Agency relationship/agentA legal relationship where one person (the agent) acts on behalf of another (the principal).Assumption of riskVoluntarily accepting the potential dangers or consequences of a particular action or activity.Choose an answer 1Reasonable Person Standard2Business Necessity 3Assumption Of Risk4Contributory Negligence Don't know?

Bona Fide Occupational Qualification (BFOQ)Legitimate job requirement necessary for the normal operation of a business.Business NecessityA legitimate and justifiable reason for an action taken by an employer in the course of business operations.Disability defined by ADAA physical or mental impairment that substantially limits one or more major life activities, as defined by the Americans with Disabilities Act (ADA).Key Employee defined by FMLAAn employee who holds a crucial position within an organization, as defined by the Family and Medical Leave Act (FMLA).Common lawLegal principles derived from court decisions and customs, rather than statutes.DefamationThe act of making false statements that harm a person's reputation.Due DiligenceThe careful and thorough investigation or research conducted before entering into an agreement or transaction.EavesdroppingSecretly listening to someone's private conversation without their consent.Effort under the Equal Pay ActThe level of exertion or work put forth by an employee, as evaluated for equal pay considerations under the Equal Pay Act.Election of remediesThe choice between available legal options for resolving a dispute or claim.Equal Work for Equal Pay ActPrinciple stating that individuals should receive equal compensation for performing substantially similar work.Gender Plus DiscriminationDiscrimination based on both gender and additional factors such as marital status or parental status Intrusion Upon SeclusionInvasion of privacy by intentionally intruding upon someone's private affairs or seclusion.Key Employee under FMLAan employee who holds a critical position within an organization and is eligible for specific protections and benefits under the Family and Medical Leave Act (FMLA).Major Life Activity defined by ADABasic activities such as walking, seeing, hearing, or learning, which may be limited by a disability under the Americans with Disabilities Act (ADA).Mixed MotiveDecision or action influenced by both lawful and unlawful factors.Negligent HiringFailure by an employer to exercise reasonable care in hiring employees, resulting in harm to others.Nonsuspect classA group of individuals not protected by specific antidiscrimination laws.Office of Federal Contract Compliance Programs

(OFCCP)

A federal agency responsible for ensuring that federal contractors and subcontractors comply with equal employment opportunity laws and regulations.

PrecedentA legal decision or ruling that serves as a guide or authority for future similar cases.Prima Facie CaseThe minimum evidence required to support a legal claim or assertion, establishing a rebuttable presumption of fact.Protected Heath Information (PHI)Personal health information protected by laws such as the Health Insurance Portability and Accountability Act (HIPAA).Race NormingAdjusting test scores or performance evaluations based on race or ethnicity, which can lead to discriminatory outcomes.Reasonable AccommodationModifications or adjustments made by employers to enable individuals with disabilities to perform essential job functions, without causing undue hardship Reasonable Factor Other Than Age under ADEA A legitimate non-age-related reason for an employment decision, as allowed by the Age Discrimination in Employment Act (ADEA).Reasonable Person StandardA legal standard used to determine whether an individual's actions were reasonable in a given situation, based on how a hypothetical reasonable person would act under similar circumstances.Remedial affirmative action programPrograms designed to address past discrimination or underrepresentation by promoting equal opportunities for historically disadvantaged groups.Responsibility under Equal Pay ActThe obligation of employers to ensure equal pay for equal work, regardless of gender.RetaliationAdverse actions taken by an employer against an employee for engaging in protected activities, such as filing a discrimination complaint.Reverse DiscriminationDiscrimination against members of a majority or privileged group, rather than a minority or disadvantaged group.Scope of employmentActivities performed by an employee within the course and scope of their job duties, for which the employer may be held liable.Serious health condition under FMLAA medical condition that requires inpatient care or ongoing treatment, as defined by the Family and Medical Leave Act (FMLA).Skill under Equal Pay ActThe level of expertise or proficiency required to perform a job, as evaluated for equal pay considerations under the Equal Pay Act.SurveillanceMonitoring or observation of individuals or activities, often for security or investigative purposes.TortA civil wrong or injury, other than a breach of contract, for which the law provides a remedy.

Undue HardshipSignificant difficulty or expense imposed on an employer in accommodating an employee's disability, which may exempt the employer from certain legal obligations.Vicarious liabilityLegal responsibility imposed on one person or entity for the actions or negligence of another, based on a special relationship such as employer- employee.Working Conditions under Equal Pay ActThe environment and circumstances in which employees perform their job duties, as evaluated for equal pay considerations under the Equal Pay Act.Bargaining unitA group of employees represented by a labor union for collective bargaining purposes.Closed shopA workplace where only union members are allowed to be hired.Collective bargainingNegotiations between employers and labor unions to determine terms and conditions of employment.Consent electionAn election conducted by the National Labor Relations Board (NLRB) to determine whether employees wish to be represented by a union, based on mutual agreement between the employer and union.Authorization cardsSigned statements by employees indicating their desire to be represented by a labor union.Administrative Law JudgeA judge who presides over hearings and adjudicates disputes in administrative agencies, such as the NLRB.Due processFair treatment and procedural protections afforded to individuals under the law, including notice and opportunity to be heard.Economic strikeA strike initiated by employees to protest working conditions or terms of employment.Ex parte proceedingLegal proceedings conducted with only one party present, typically at the request of that party.Free-riders with regards to bargaining unitsEmployees who benefit from union representation without paying union dues or fees.Illegal bargaining subjectsTopics prohibited by law from being negotiated between employers and labor unions.ImpasseA deadlock in collective bargaining negotiations where parties cannot reach an agreement.InjunctionA court order requiring or prohibiting certain actions, often used to prevent or end labor disputes.