Employment Law: Vocabulary - C233 WGU, Full Coverage. Easy Way to master. Rated A+

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Employment Law: Vocabulary - C233 WGU, Full Coverage. Easy Way to master. Rated A+ American with Disabilities Act (ADA) - ✔✔-Employers with 15 or more employees are prohibited from discrimi... nating 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 action - ✔✔-Making an extra effort to hire and promote those in protected groups, particularly when those groups are underrepresented Affirmative action plan - ✔✔-Plan 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 theory - ✔✔-Person (for example, a manager) is expected to act on behalf of a principal (for example, the owner of the company) Animus - ✔✔-Mind set or intention Arbitration - ✔✔-A procedure for resolving collective bargaining impasses by which an arbitrator (third party) chooses a solution to the dispute Bargaining unit - ✔✔-A 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 necessity - ✔✔-A practice necessary for safe and efficient organizational operations Case law - ✔✔-The law is laid down in the the decisions for the courts (distinct from statutes or other sources of law) Civil law - ✔✔-Laws that deal with the rights of people rather than with crimes Color - ✔✔-Skin pigmentation especially other than white characteristic of race Common law - ✔✔-Principles developed over centuries as a result of legal decisions made by judges in individual cases Comparable worth - ✔✔-A public policy that advocates remedies for any undervaluation of women's jobs (also called pay equity) Complaint - ✔✔-A formal allegation against a party Conciliation - ✔✔-Process where a third party acts as an intermediary between the parties in a labor dispute, helping them to reach a settlement Conglomerate - ✔✔-A highly diversified firm that has multiple businesses with no relationships Constructive discharge - ✔✔-Dismissal 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 training - ✔✔-A 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 faith - ✔✔-A presumption that each party in a contract will deal with each other in good faith and fairness Defamation - ✔✔-Communication that damages an individual's reputation in the community, preventing them from obtaining employment or other benefits Discovery - ✔✔-Procedures for gathering facts prior to the time of trial in order to eliminate the element of surprise in litigation Disparate impact - ✔✔-Effect when an employment practice that may appear to be fair unintentionally discriminates against members of a protected class Disparate treatment - ✔✔-Theory 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/mission - ✔✔-Occurs when an employer conducts personal and work business at the same time; subjects the employer to liability for the employee's actions Economic realities test - ✔✔-A test that classifies a worker as an if the employee is substantially economically dependent on an employer Employee - ✔✔-One who performs services under the direction and control of another Employer - ✔✔-One who employs the services of others in exchange for wages Employment at will - ✔✔-United 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 functions - ✔✔-Job duties and responsibilities that are the reasons for the job's existence Estoppel - ✔✔-The 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 Ethnicity - ✔✔-Traits, background, allegiance, or association E-verify - ✔✔-Online 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 contract - ✔✔-Express 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 rule - ✔✔-An employer defense that another employee, not the employer, caused a workplace injury First written warning - ✔✔-Second 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 rule - ✔✔-Rule 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 discrimination - ✔✔-The stereotyping of how a male or how a female should act General duty clause - ✔✔-Standard 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 Hostile work environment - ✔✔-As defined by the Equal Employment Opportunity Commission (EEOC): a work environment in which an individual or individuals are subjected to a pattern of harassment biased according to protected classifications, or unwelcome verbal or physical conduct "When submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment" I-9 - ✔✔-Form enacted under IRCA that documents employee identity and right to work in the US (specifies acceptable documents) Immigration Reform and Control Act (IRCA) - ✔✔-Act that made it illegal in the US to hire or continue to employee individuals who are not legally authorized to work Implied contract - ✔✔-An agreement created through the actions of the employer and employee rather than through negotiation and documentation; employee handbooks may be argued to create this Independent contractor - ✔✔-Self-employed individual who works for multiple customers and clients on a project or fee basis Integrated enterprise - ✔✔-A business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposed of federal statutory coverage and liability Intelligence tests - ✔✔-Standardized assessments designed to assess human ability to learn or understand or deal with new or difficult situations IRS 20-factor analysis - ✔✔-Guide to employers in determining if workers are indeed independent contractors Joint ownership - ✔✔-Right of ownerships shared by two or more owners such that on the death of an owner his or her right passes on to the surviving owner(s), the last survivor becoming the full owners Judicial review - ✔✔-The power of the Supreme Court to consider whether a law complies with the Constitution Limited Liability Partnership - ✔✔-A form of general partnership that provides an individual partner protection against personal liability for certain partnership oligations LMRA (aka Taft Hartley Act) - ✔✔-(1947) Law that prohibited unfair union labor practices, and fought for the rights of employees as union members - 2nd of three main union laws - considered pro-management Lockout - ✔✔-Result that occurs when management shuts down operations to keep employees from working Mandatory bargaining issues - ✔✔-Items in collective bargaining that a party must discuss/negotiate if they are introduced by the other party (i.e. pay and employee security) Mediation - ✔✔-A procedure for resolving collective bargaining impasses by a mediator (third party) with no formal authority; acts as a facilitator and go-between in the negotiations National origin - ✔✔-Location of birth Negligent hiring - ✔✔-Situation in which an employer knew or should have known that an applicant had a prior history of behavior that endangered customers, employees, vendors, or members of the publis Negligent referral - ✔✔-A claim in which an employer has provided an untrue reference which omits information about an employee's dangerous and criminal behavior Negligent retention - ✔✔-Employer become aware than an employee may be unfit, but maintains his/her employment, and someone is injured NLRA (aka Wagner Act) - ✔✔-The NLRA guarantees the right of employees to organize and bargain collectively with their employers - established the National Labor Relations Board for enforcement and oversight of those worker rights National Labor Relations Board (NLRB) - ✔✔-Government agency established by the National Labor Relations Act (NLRA) to enforce its provisions - conducts elections, and prevents and remedies unfair labor practices - does not instigate actions on its own, but responds to charges of unfair labor practices - petitions for representation elections filed in one of its offices Older Workers Benefit Protection Act (OWBPA) - ✔✔-Prohibits discrimination against older workers in all employee benefit plans unless age-based reductions are justified by significant cost considerations; protects waiving of employee rights (for the employee) Oral contract - ✔✔-Verbal agreement (o [Show More]

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