WGU C233: STUDY GUIDE LATEST 2023 GRADED A

WGU C233: STUDY GUIDE LATEST 2023 GRADED A American with Disabilities Act (ADA) *** Employers 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 *** 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 (offer and acceptance) OSHA *** (1970) Safety and health act establishing workplace standards for safety, and establishing Occupational Safety and Health Administration for enforcement and oversight of those standards Permissive bargaining issues *** Also known as voluntary bargaining issues, these items can be negotiated only on agreement by labor and management (cannot hold up reaching a bargaining agreement) Pre-adverse action *** Requirements under FCRA that the employer notify a candidate within 3 business days of the intent to take negative action based on the credit report Precedent *** Something done or said that may serve as an example of rule to authorize or justify a subsequent act of the same; an earlier occurrence of something similar Pregnancy Discrimination Act (PDA) *** Act that recognizes pregnancy as a temporary disability, and prohibits applicants from being discriminated against in the recruitment process because of pregnancy, childbirth, or related medical conditions (amendment to Title VII) Prima facie *** Latin for "on the face of it"; such evidence by itself would establish the claim or defense of the party if the evidence were believes Privacy Act of 1974 *** Prohibited federal agencies from sharing information collected about individuals Progressive discipline *** Performance management tool designed to modify employee behavior; set of steps outlines for use to tie the employee's responsibility and consequences Public policy exception *** Certain objective relating to health, morals, and integrity of the government that the law seeks to advance and uphold Quid pro quo *** Legal term that means, in Latin, "this for that"; quid pro quo harassment occurs when a supervisor or managers asks for sexual favors in return for favorable employment action Quota *** An official limit on the number or amount of people or things that are allowed Race *** A local geographic or global human population distinguished as a distinct group by genetically transmitted physical characteristics Reasonable accommodation *** Adjustment of requirements of positions to accommodate qualified persons with disabilities Reasonable person test *** Hypothetical person in society who exercises average care, skill, and judgement in conduct, and who serves as a comparative standard for determining liability Rebuttal *** The action of contradicting or opposing by formal legal argument plea, or countervailing proof Rehabilitation Act *** Expanded opportunities for individuals with physical or mental disabilities; provided remedies for victims of discrimination Respondeat superior *** Latin for "let the master answer"; common-law concept that means employers can be held liable for actions of their employees that are performed in the course of their employment and the scope of their assigned duties and responsibilities Retaliation *** Doing something bad to someone who has hurt you or treated you badly; to get revenge Reverse discrimination *** Preferential treatment with regard to hiring or tenure of employment that attempts to remedy past discrimination by means of quota or immunity from layoff Scope of employment test *** Activities of an employee that are furtherance of duties that are owed to an employer and where the employer is, or could be, exercising some control, directly or indirectly, over the activities of the employee Sexual harassment *** Harassment on the basis of sex that has the purpose or effect of substantially interfering with a person's work performance, or creating an intimidating, hostile, or offensive work environment Sexual orientation *** Inclination of an individual with respect to heterosexual, homosexual, or bisexual behavior Stare decisis *** The principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future Strike *** Decision by a union to stop working Supremacy Clause *** Article VI, Paragraph 2 of the Constitution is commonly referred to as the Supremacy Clause; establishes that the federal constitution, and federal law generally, takes precedence over state laws, and even state constitutions Tangible employment action *** As defined by the Supreme Court, a "significant change in employment status, sure as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing significant change in benefits" Temporary employee *** Worker employed by an agency that screens and tests candidates prior to sending them to a worksite for variable periods of time, from short, one-day assignments to longer assignments Title VII of the Civil Rights Act *** Makes in unlawful to discriminate on the basis of an individual's race, color, national origin, religion, or sex with respect to employment Tort *** Legal term used to describe an action that injures someone; torts are not related to laws or contracts, but can result in legal action; the party who has been injured can sue the wrongdoer and collect damages for the injury that has been done US Constitution *** Established America's national government and fundamental laws, and guaranteed certain basic rights for its citizens Undue hardship *** Exception to the Americans with Disabilities Act (ADA) that weighs the cost of accommodation against the size of the organization, and other similar factors Unemployment insurance *** Provides benefits if a person is unable to work through some fault other than his or her own Unfair labor practice (ULP) *** Action by an employer or a union that restrains or coerces employees from exercising their rights to organize and bargain collectively, or to refrain from doing so Unforeseeable business circumstance *** Exception to the Worker Adjustment and Retraining Notification Act (WARN Act) for employers whose business takes a sudden and unexpected negative turn that could not have been reasonably predicted Vicarious liability *** Legal concept that holds an employer accountable for the harmful actions of its employees, whether or not the employer is aware of those actions Whistleblower *** Individual who reports real or perceived wrongs committed by the employer Wildcat strike *** Strike that occurs in violation of a contract clause prohibiting strikes during the term of contract Worker Adjustment and Retraining Notification Act (WARN Act) *** Passed to provide protection to workers in mass layoffs or plant closings; requires 60 days notice be given when 50 or more FT employees with will impacted (additional rules/exemptions exist) Workers compensation *** System that requires employers to give case benefits, medical care, and/or rehab services with injuries and illnesses occurring on the job Supremacy Clause *** Which constitutional provision mandates that federal regulations have priority over state law? Stare decisis *** Which doctrine is used by US courts to align current cases with prior legal decisions? Integrated enterprise *** Two corporations have combined their management and operations into a single place with 30 total employees, what type of business relationship has now been formed? Economic realities test *** Which test is used to distinguish an independent contractor from an employee? (Common name usage) The scope of employment *** What determines employer liability under the respondent superior doctrine? Employment-at-will *** Which term indicates that an employer may terminate an employee at any time, for any legal reason, without incurring liability? Implied contract *** Which type of contract is created by the actions of the employer and the employee, rather than through formal contract negotiation? Often also created by an employee handbook and the discipline or termination terms. Good faith and fair dealing *** Which principle may prevent termination of an at-will employment relationship? Judicial authority, Executive authority, and Rule-making authority *** Which 3 types of statutory authority does the National Labor Relations Board (NLRB) have? (J...E...R) 3 *** Unions are required to hold officer elections every ______ years, and candidates must have access to voter rolls Contact information *** Employers must provide the NLRB with ________________________________ of workers eligible to vote in the election once it has been authorized. HR employee *** A penalty imposed by the Immigration Reform and Control Act is that an _______________________ who fails to check a new worker's eligibility to work may face civil liability. Fair Credit Reporting *** Medical records are covered by the _____________________ Act. Unwelcome conduct, Pervasive conduct *** Which two types of conduct make a company liable for race-based harassment?