Hot Cargo Agreements ANS: A voluntary agreement in which a neutral employee agrees to cease doing
business with another employer who deals directly with the firm in question.
20-factor Analysis ANS: A guide adopted by the Internal Revenue Service for determining if a worker
should be classified as an independent contractor.
ADA Amendments Act ANS: Passed in 2008, it amends the ADA by adding new protections for
employees with disabilities.
ADEA ANS: Age Discrimination in Employment Act
ADEA Waivers ANS: A statement from a retiring employee that he or she will not make a personal ADEA
claim against the employer in exchange for retirement incentives.
Abuse of Discretion ANS: An employer's failure to consider important and relevant facts; acting in an
arbitrary or capricious manner.
Adverse Job Action ANS: A negative job action that results from an employee's lawful actions.
Affirmative Action (AA) ANS: Any action taken by an employer to overcome discriminatory effects of
past or current practices that create barriers to equal employment opportunity.
Affirmative Action Plan ANS: "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 ANS: Treating an applicant or employee less favorably because of his or her age.
,Age Discrimination in Employment Act (ADEA) ANS: Enacted in 1967, it protects employees who are 40
years of age and older.
Agency ANS: A contract relationship between a principal and an agent whereby the principal authorizes
the agent to work on his or her behalf and with power to bind the principal.
Americans with Disabilities Act (ADA) ANS: 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
accommodation for applicants and workers with disabilities when such accommodations would not
impose "undue hardship;" and equal opportunity in promotion and benefits.
Anti-female Animus ANS: An environment of animosity toward women.
Appropriation of Image or Likeness ANS: A type of tort in which an employer uses the name, image, or
likeness of an employee for commercial purposes in a way that is not described in the job description.
Arbitration ANS: A procedure for resolving collective bargaining impasses by which an arbitrator (third
party) choose a solution to the dispute.
Assumption of the Risk ANS: An employer defense that states an employee knows and accepts the risk
of potential injury in a certain position.
BFOQ ANS: (Bona Fide Occupational Qualification) Job requirement 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.
Back Pay ANS: Monetary compensation for a plaintiff's lost earnings.
, Bona Fide Occupational Qualification (BFOQ) ANS: A reasonable employment qualification that an
employer is allowed to consider when making decisions about hiring and retaining employees.
Business Necessity ANS: A legitimate business purpose that justifies an employment decision as
effective and necessary.
Case Law ANS: The law as laid down in the decisions of the courts (distinct from statutes or other
sources of law).
Civil Law ANS: Laws that deal with the rights of people rather than with crimes.
Civil Rights Act of 1964 ANS: Enacted in 1964, it prohibits race discrimination in employment.
Clayton Act ANS: Enacted in 1914, it prohibits the elimination of unions.
Closed Union Shop ANS: An illegal requirement that an employee be a union member.
Collective Bargaining ANS: The negotiation process between unions and employers.
Color ANS: Skin pigmentation characteristic of race, especially other than White.
Common Law ANS: Principles developed over centuries as a result of legal decisions made by judges in
individual cases.
Common Law Agency ANS: A test that classifies a worker as an employee if the employer maintains the
right to control the method of work performed.