d352 employment and labor law vocab UPDATED ACTUAL
Questions and CORRECT Answers
What is an agency relationship? Contract relationship between principal and agent
What is assumption of risk? Accepting the potential consequences and dangers of a particular activity
What is Bona Fide Occupational Qualification (BFOQ)? Exception to civil rights law allowing specific hiring based on business necessity
What is business necessity? Safe and efficient performance of business requiring specific employee
characteristics
How is disability defined by ADA? Physical or mental impairment that substantially limits major life activities
Who are key employees defined by FMLA? Employees who can be denied leave and are crucial to business operations
What is common law? Law created by courts when statutes are not fully established
What is defamation? Intentional false communication that harms reputation (libel or slander)
How is disability defined by ADA? Physical or mental impairment that substantially limits major life activities
What is due diligence? Steps taken by employer to ensure eligibility of applicants for hiring
What is eavesdropping? Surreptitiously listening to a private conversation
What is effort under the Equal Pay Act? Substantially equivalent physical or mental exertion required for a job
What is election of remedies? Choosing one means of redress to the exclusion of others
What is an employer? One who employs others in exchange for wages
What is the Equal Work for Equal Pay Act? Legislation requiring equal pay for men and women performing substantially
equal work
Gender Plus Discrimination Employer classifies employees based on gender and another characteristic
Intrusion Upon Seclusion Tort dealing with collection of information about an individual
Negligent Hiring Employer hires employee who could cause harm
, Nonsuspect class Neutral basis of discrimination not related to race, color, gender, religion, or
national origin
Office of Federal Contract Compliance Programs Government agency ensuring compliance with federal contract requirements
(OFCCP)
Precedent Legal decision serving as a guide for future cases
Prima Facie Case Sufficient evidence to support a legal claim
Protected Heath Information (PHI) Information subject to privacy protection under federal law
Race Norming Adjusting test scores based on race
Reasonable Accommodation Modifications to accommodate individuals with disabilities
Reasonable Factor Other Than Age under ADEA Non-age-related factor justifying employment decision
Reasonable Person Standard Standard used to assess behavior in legal cases
Remedial affirmative action program Programs to remedy illegal discrimination
Responsibility under Equal Pay Act Degree of accountability required in job performance
Retaliation Negative action taken against someone for exercising their rights
Reverse Discrimination Discrimination against a majority group
Scope of employment Extent of job-related responsibilities
Serious health condition under FMLA An illness, injury, or condition that requires inpatient hospital care or lasts more
than three days and requires continuing treatment by a healthcare provider, or
involves pregnancy, or a long-term or permanently disabling health condition, or
absences for receiving multiple treatments for restorative surgery, or for a
condition that would likely result in a period of incapacity of more than 3 days if it
were not treated.
Skill under Equal Pay Act Includes substantially equivalent experience, training, education, and ability.
Surveillance Observation from a distance by means of electronic equipment or other
technological means. Also includes no/low tech methods such as direct
observation, observation with binoculars, postal interception, or similar methods.
Tort A private or civil wrong or injury, caused by one party to another, either
intentionally or negligently.
Undue Hardship An accommodation that requires significant difficulty or expense for the
employer.
Questions and CORRECT Answers
What is an agency relationship? Contract relationship between principal and agent
What is assumption of risk? Accepting the potential consequences and dangers of a particular activity
What is Bona Fide Occupational Qualification (BFOQ)? Exception to civil rights law allowing specific hiring based on business necessity
What is business necessity? Safe and efficient performance of business requiring specific employee
characteristics
How is disability defined by ADA? Physical or mental impairment that substantially limits major life activities
Who are key employees defined by FMLA? Employees who can be denied leave and are crucial to business operations
What is common law? Law created by courts when statutes are not fully established
What is defamation? Intentional false communication that harms reputation (libel or slander)
How is disability defined by ADA? Physical or mental impairment that substantially limits major life activities
What is due diligence? Steps taken by employer to ensure eligibility of applicants for hiring
What is eavesdropping? Surreptitiously listening to a private conversation
What is effort under the Equal Pay Act? Substantially equivalent physical or mental exertion required for a job
What is election of remedies? Choosing one means of redress to the exclusion of others
What is an employer? One who employs others in exchange for wages
What is the Equal Work for Equal Pay Act? Legislation requiring equal pay for men and women performing substantially
equal work
Gender Plus Discrimination Employer classifies employees based on gender and another characteristic
Intrusion Upon Seclusion Tort dealing with collection of information about an individual
Negligent Hiring Employer hires employee who could cause harm
, Nonsuspect class Neutral basis of discrimination not related to race, color, gender, religion, or
national origin
Office of Federal Contract Compliance Programs Government agency ensuring compliance with federal contract requirements
(OFCCP)
Precedent Legal decision serving as a guide for future cases
Prima Facie Case Sufficient evidence to support a legal claim
Protected Heath Information (PHI) Information subject to privacy protection under federal law
Race Norming Adjusting test scores based on race
Reasonable Accommodation Modifications to accommodate individuals with disabilities
Reasonable Factor Other Than Age under ADEA Non-age-related factor justifying employment decision
Reasonable Person Standard Standard used to assess behavior in legal cases
Remedial affirmative action program Programs to remedy illegal discrimination
Responsibility under Equal Pay Act Degree of accountability required in job performance
Retaliation Negative action taken against someone for exercising their rights
Reverse Discrimination Discrimination against a majority group
Scope of employment Extent of job-related responsibilities
Serious health condition under FMLA An illness, injury, or condition that requires inpatient hospital care or lasts more
than three days and requires continuing treatment by a healthcare provider, or
involves pregnancy, or a long-term or permanently disabling health condition, or
absences for receiving multiple treatments for restorative surgery, or for a
condition that would likely result in a period of incapacity of more than 3 days if it
were not treated.
Skill under Equal Pay Act Includes substantially equivalent experience, training, education, and ability.
Surveillance Observation from a distance by means of electronic equipment or other
technological means. Also includes no/low tech methods such as direct
observation, observation with binoculars, postal interception, or similar methods.
Tort A private or civil wrong or injury, caused by one party to another, either
intentionally or negligently.
Undue Hardship An accommodation that requires significant difficulty or expense for the
employer.
