Correct Answers 2024.
supremacy clause
mandates that the federal regulations have priority over state law
stare decisis
used by U.S. courts to align current cases with prior legal decisions
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 purposes of federal statutory coverage and liability.
economic realities test
used to distinguish an independent contractor from an employee - if employee is substantially
economically dependent on employer
implied contract
a legally binding agreement which is created - by actions of employer and employee (employee
handbook)
scope of employment
determines liability under respondeat superior doctrine
EEOC
Title VII gives authority to conduct own enforcement litigation
Bona Fide Occupational Qualification (BFOQ)
a reasonable employment qualification that an employer is allowed to consider when making decisions
about hiring and retaining employees
disparate treatment
intentional discrimination based on different treatment given to individuals bc of their race, color,
religion, sex, national origin, age or disability status
disparate impact
occurs when an employer creates a seemingly fair employment practice that has a negative impact on
members of a protected class.
four-fifths rule