Employment Law: Vocabulary - C233 WGU 2024

Employment Law: Vocabulary - C233 WGU 2024 American with Disabilities Act (ADA) - answerEmployers 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 action - answerMaking an extra effort to hire and promote those in protected groups, particularly when those groups are underrepresented Affirmative action plan - answerPlan 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) - answerAct prohibiting arbitrary age discrimination, specifically protecting individuals over the age of 40 Agency theory - answerPerson (for example, a manager) is expected to act on behalf of a principal (for example, the owner of the company) Animus - answerMind set or intention Arbitration - answerA procedure for resolving collective bargaining impasses by which an arbitrator (third party) chooses a solution to the dispute Bargaining unit - answerA 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) - answerJob 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 - answerA practice necessary for safe and efficient organizational operations Case law - answerThe law is laid down in the the decisions for the courts (distinct from statutes or other sources of law) Civil law - answerLaws that deal with the rights of people rather than with crimes Color - answerSkin pigmentation especially other than white characteristic of race Common law - answerPrinciples developed over centuries as a result of legal decisions made by judges in individual cases Comparable worth - answerA public policy that advocates remedies for any undervaluation of women's jobs (also called pay equity) Complaint - answerA formal allegation against a party Conciliation - answerProcess where a third party acts as an intermediary between the parties in a labor dispute, helping them to reach a settlement Conglomerate - answerA highly diversified firm that has multiple businesses with no relationships Constructive discharge - answerDismissal 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 - answerA 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 - answerA presumption that each party in a contract will deal with each other in good faith and fairness Defamation - answerCommunication that damages an individual's reputation in the community, preventing them from obtaining employment or other benefits Discovery - answerProcedures for gathering facts prior to the time of trial in order to eliminate the element of surprise in litigation Disparate impact - answerEffect when an employment practice that may appear to be fair unintentionally discriminates against members of a protected class Disparate treatment - answerTheory 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 - answerOccurs 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 - answerA test that classifies a worker as an if the employee is substantially economically dependent on an employer Employee - answerOne who performs services under the direction and control of another Employer - answerOne who employs the services of others in exchange for wages Employment at will - answerUnited 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) - answerFederal agency that enforces anti discrimination statutes with employers, and is a resource for employees claiming employment discrimination Essential functions - answerJob duties and responsibilities that are the reasons for the job's existence Estoppel - answerThe 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 - answerTraits, background, allegiance, or association E-verify - answerOnline 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 - answerExpress contract; Verbal or written agreement in which the parties state exactly what they agree to do Fair Credit Reporting Act (FCRA) - answerRequires 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) - answerPrescribes 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