WGU D352 EXAM STUDY SET
Time before Mass Layoffs: The Worker Adjustment and Retraining Notification
Act (WARN)
It was passed in 1988 and allows workers who have been fired to look for other
work or pursue further education.
Employers with more than 100 workers are required by WARN to give
impacted workers thorough written notice in advance of factory closures and
mass layoffs. Plant closures and major layoffs must be announced 60 days in
advance.
Contract with Yellow Dog
A contract in which a worker pledges not to form or join a union.
20-factor analysis
The Internal Revenue Service has issued a framework to help determine
whether a person qualifies as an independent contractor.
AA stands for affirmative action.
any step a company takes to address the discriminatory consequences of
previous or ongoing policies that obstruct equal employment opportunities.
Plan for Affirmative Action
"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."
Discrimination Based on Age
,treating a candidate or worker less favorably due to their age.
ADEA, or the Age Discrimination in Employment Act
It was passed in 1967 and provides protection to workers 40 years of age and
up.
The ADA, or Americans with Disabilities Act
It is illegal for employers with 15 or more workers to discriminate against
individuals with impairments. Generally speaking, the ADA's employment
provisions mandate equal opportunity in hiring, testing, and selecting qualified
candidates with disabilities; equal opportunity in promotion and benefits; and
job accommodations for candidates and employees with disabilities when doing
so would not create "undue hardship."
Tort
harming someone as a civic wrong.
Constitution of the United States
created the fundamental laws and national government of the United States and
ensured that its inhabitants had certain essential rights.
Sexual Abuse
harassment that targets a worker due to their gender.
Decisis Stare
(Latin meaning "let the decision stand") is a court's theory that follows a
previous court's precedent.
Clause of Supremacy
, The Constitution's Article VI, Paragraph 2 is often known as the Supremacy
Clause. It declares that state laws and even state constitutions are superseded by
the federal constitution and federal law in general.
Quid Pro Quo
(Latin meaning "this for that") The idea that an employer asks for sexual favors
in return for an employee's successful job.
Fair Accommodation
a fair modification to the workplace that enables a person with a handicap to
carry out their duties.
Rebuttal
using a formal legal argument, a plea, or countervailing evidence to contradict
or oppose. This step involves the plaintiff answering the employer during a
hearing on an EEOC discrimination claim.
Discrimination in reverse
When a company favors one race or gender over another in an employment
choice while operating under an affirmative action plan, this is discrimination.
Employment Scope
behavior of employees that is appropriate for the job description.
Subject of Permissive Bargaining
a topic for negotiation that either side may bring up but that the other party is
not obliged to discuss.
The precedent
A governing principle, model, or directive set by a court that serves as a model
for justices to follow in subsequent cases
Time before Mass Layoffs: The Worker Adjustment and Retraining Notification
Act (WARN)
It was passed in 1988 and allows workers who have been fired to look for other
work or pursue further education.
Employers with more than 100 workers are required by WARN to give
impacted workers thorough written notice in advance of factory closures and
mass layoffs. Plant closures and major layoffs must be announced 60 days in
advance.
Contract with Yellow Dog
A contract in which a worker pledges not to form or join a union.
20-factor analysis
The Internal Revenue Service has issued a framework to help determine
whether a person qualifies as an independent contractor.
AA stands for affirmative action.
any step a company takes to address the discriminatory consequences of
previous or ongoing policies that obstruct equal employment opportunities.
Plan for Affirmative Action
"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."
Discrimination Based on Age
,treating a candidate or worker less favorably due to their age.
ADEA, or the Age Discrimination in Employment Act
It was passed in 1967 and provides protection to workers 40 years of age and
up.
The ADA, or Americans with Disabilities Act
It is illegal for employers with 15 or more workers to discriminate against
individuals with impairments. Generally speaking, the ADA's employment
provisions mandate equal opportunity in hiring, testing, and selecting qualified
candidates with disabilities; equal opportunity in promotion and benefits; and
job accommodations for candidates and employees with disabilities when doing
so would not create "undue hardship."
Tort
harming someone as a civic wrong.
Constitution of the United States
created the fundamental laws and national government of the United States and
ensured that its inhabitants had certain essential rights.
Sexual Abuse
harassment that targets a worker due to their gender.
Decisis Stare
(Latin meaning "let the decision stand") is a court's theory that follows a
previous court's precedent.
Clause of Supremacy
, The Constitution's Article VI, Paragraph 2 is often known as the Supremacy
Clause. It declares that state laws and even state constitutions are superseded by
the federal constitution and federal law in general.
Quid Pro Quo
(Latin meaning "this for that") The idea that an employer asks for sexual favors
in return for an employee's successful job.
Fair Accommodation
a fair modification to the workplace that enables a person with a handicap to
carry out their duties.
Rebuttal
using a formal legal argument, a plea, or countervailing evidence to contradict
or oppose. This step involves the plaintiff answering the employer during a
hearing on an EEOC discrimination claim.
Discrimination in reverse
When a company favors one race or gender over another in an employment
choice while operating under an affirmative action plan, this is discrimination.
Employment Scope
behavior of employees that is appropriate for the job description.
Subject of Permissive Bargaining
a topic for negotiation that either side may bring up but that the other party is
not obliged to discuss.
The precedent
A governing principle, model, or directive set by a court that serves as a model
for justices to follow in subsequent cases
