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C233 Employment Law: Vocabulary.
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