WGU c233 employment law vocabulary

WGU c233 employment law vocabulary Leave the first rating Students also studied Terms in this set (34) Save

C233 VOCAB TERMS

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Employment Law: Vocabulary - C23...

121 terms mandyraquel35 Preview Nervou Teacher scie Practice questions for this set Learn1 / 7Study using Learn an employer defense that an employee's errant conduct contributed to a workplace injury.Precedenta controlling rule, example, or guide established by a judge that provides a framework for other judges to follow in later cases.Supremacy Clausemandates that the Constitution, federal law, treaties, and federal regulations are the highest laws of the land and have priority over state law.Choose an answer 1Precedent2Gender Plus Discrimination 3Contributory Negligence4Frolic and Detour Don't know?

Agencya contract relationship between a principal and an agent whereby the principal authorizes the agent to work on his or her behalf and with the power to bind the principal.Dual Purpose Missionwhen an employee conducts personal and work business at the same time; subjecting the employer to liability for the employee's actions.Frolic and Detouran employee's physical departure from the job in order to further his or her own interests and not the employer's.Going and Coming Rulea legal principle that removes an employer's liability from employees' actions going to and from their place of employment.Scope of Employmentemployee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description.Vicarious Liabilitya form of secondary liability that comes from the doctrine of respondeat superior "let the master answer for the servant".Employeran entity that employs another to work on his or her behalf for pay.Integrated EnterpriseA business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability.Respondeat Superior Doctrinecommon-law concept that means employers can be held liable for actions of their employees that are performed in the course of their employment and in the scope of their assigned duties or responsibilities.Bona Fide Occupational Qualification (BFOQ)a reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees.Gender Plus DiscriminationDiscrimination that results when an employer classifies employees on the basis of gender, plus another characteristic.Undue Hardshipany accommodations for the physical or mental disability of an employee that exceeds reasonable accommodations."Disability" defined by the ADA1 - a physical or mental impairment that substantially limits one or more major life activities.

• - a record of such impairment.
• - being perceived as having such an impairment.

Major Life Activity defined by the ADAa daily activity that an average person can perform with little or no difficulty.Reasonable Accommodationaccommodations within reasonable boundaries for those that meet ADA requirements.Reverse Discriminationdiscrimination that occurs when an employer, acting under an affirmative action plan, favors one race or gender in an employment decision.

E-Verifyan internet based government system used to determine an employee's work eligibility.Due Diligencereasonable steps taken by an employer to ensure that applicants are eligible to be hired.Negligent Hiringa claim in which the employer knew or should have known about an employee's history of violence or untrustworthiness.Negligent Retentiona claim that arises when an employer fails to terminate an employee when it is apparent that he or she poses a danger to others.Breach of Dutyfailure to use the degree of care required under the circumstances Defamationthe communication of false information about a person that is damaging to that person's reputation.Retaliationthe action of harming someone because they have harmed oneself; revenge.Business NecessityAn employer's defense for an employment-related decision based on the requirements of the business and is consistent with other decisions.Mass Layoff - under WARN Acta workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing.Plant Closing - under WARN acta single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6 month period, and impacts 50 or more full-time employees for a 30-day period.Progressive Disiplinean employer engaging in a graduated response to poor employee performance or conduct problems.Assumption of Riskan employer engaging in a graduated response to poor employee performance or conduct problems.Compliance Requirement under OSHAa mandate that all employers comply with all safety and health requirements issued by the Department of Labor.Contributory Negligencean employer defense that an employee's errant conduct contributed to a workplace injury.Fellow Servant Rulean employer defense that another employee, not the employer, caused a workplace injury.General Duty Clause - Under OSHArequires employers to provide their employees with a safe and hazard-free place of employment.