20-factor Analysis *** A guide adopted by the Internal Revenue Service for determining if a worker
should be classified as an independent contractor.
ADA Amendments Act *** Passed in 2008, it amends the ADA by adding new protections for employees
with disabilities.
ADEA *** Age Discrimination in Employment Act.
ADEA Waivers *** 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 *** An employer's failure to consider important and relevant facts; acting in an
arbitrary or capricious manner.
Adverse Job Action *** A negative job action that results from an employee's lawful actions.
Affirmative Action (AA) *** 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 *** "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 *** Treating an applicant or employee less favorably because of his or her age.
Age Discrimination in Employment Act (ADEA) *** Enacted in 1967, it protects employees who are 40
years of age and older.
,Agency *** 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) *** Employers with 15 or more employees are prohibited from
discriminating against people with disabilities.
Anti-female Animus *** An environment of animosity toward women.
Appropriation of Image or Likeness *** 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 *** A procedure for resolving collective bargaining impasses by which an arbitrator (third
party) choose a solution to the dispute.
Assumption of the Risk *** An employer defense that states an employee knows and accepts the risk of
potential injury in a certain position.
BFOQ (Bona Fide Occupational Qualification) *** Job requirement that an employee be a particular
religion, sex, or national origin that is reasonably necessary to business operations.
Back Pay *** Monetary compensation for a plaintiff's lost earnings.
Bona Fide Occupational Qualification (BFOQ) *** A reasonable employment qualification that an
employer is allowed to consider when making decisions about hiring and retaining employees.
Business Necessity *** A legitimate business purpose that justifies an employment decision as effective
and necessary.
, Case Law *** The law as laid down in the decisions of the courts (distinct from statutes or other sources
of law).
Civil Law *** Laws that deal with the rights of people rather than with crimes.
Civil Rights Act of 1964 *** Enacted in 1964, it prohibits race discrimination in employment.
Clayton Act *** Enacted in 1914, it prohibits the elimination of unions.
Closed Union Shop *** An illegal requirement that an employee be a union member.
Collective Bargaining *** The negotiation process between unions and employers.
Color *** Skin pigmentation characteristic of race, especially other than White.
Common Law *** Principles developed over centuries as a result of legal decisions made by judges in
individual cases.
Common Law Agency *** A test that classifies a worker as an employee if the employer maintains the
right to control the method of work performed.
Common Law Criminal Conspiracy *** A combination of two or more individuals planning to accomplish
an unlawful purpose.
Community of Interests *** A community of people who align themselves with a common interest.