QUESTIONS AND ANSWERS GUARANTEE A+
✔✔Defined Contribution Pension Plan - ✔✔A type of pension plan in which an employer
sets aside a certain amount each year for the employee, to be distributed upon
retirement.
✔✔Direct Evidence - ✔✔Real, clear evidence of discrimination that requires no
inference or consideration to prove its existence.
✔✔Disability - ✔✔A physical or mental condition that hinders an employee's movement
or activities.
✔✔Discovery - ✔✔Procedures for gathering facts prior to the time of trial in order to
eliminate the element of surprise in litigation.
✔✔Disparate Impact Discrimination - ✔✔Discrimination in which a plaintiff claims not
that the employer intentionally discriminated, but rather the employer's procedures,
policies, or practices have the effect of creating an unnecessary obstacle to
employment opportunity for 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.
✔✔Drug Free Workplace Act - ✔✔Enacted in 1988, it requires federal contractors to
enforce drug-free policies.
✔✔Drug Testing - ✔✔A method of testing for an employer to prevent the use of drugs
among its employees.
✔✔Dual Purpose Mission - ✔✔Occurs when an employee conducts personal and work
business at the same time; subjecting the employer to liability for the employee's
actions.
✔✔Due Diligence - ✔✔Reasonable steps taken by an employer to ensure that
applicants are eligible to be hired.
✔✔E-Verify - ✔✔An online tool administered through the U.S. Citizenship and
Immigration Services (USCIS) and used by employers to verify the validity of
documents presented by new hires.
✔✔Economic Realities Test - ✔✔A test that classifies a worker as an employee if the
employee is substantially economically dependent on an employer.
, ✔✔Economic Strike - ✔✔A stoppage of work based upon a union's frustration that
management will not meet its demands for improvements in wages, hours, and benefits.
✔✔Electronic Communications Privacy Act (ECPA) - ✔✔Enacted in 1986, it prohibits
employers from intercepting or accessing employee communications.
✔✔Employee - ✔✔One who performs services under the direction and control of
another.
✔✔Employee Polygraph Protection Act - ✔✔Enacted in 1988, it prevents employers
from using polygraph tests for recruiting or retention purposes.
✔✔Employee Retirement Income Security Act (ERISA) - ✔✔Enacted in 1974, it protects
worker benefits and encourages employer management of retirement funds.
✔✔Employer - ✔✔One who employs the services of others in exchange for wages.
✔✔Employment-at-will Doctrine - ✔✔The predominant rule governing employer-
employee relations that states that an employer may terminate an employee at any
time, for any legal reason, without incurring liability.
✔✔English-only - ✔✔A rule established by an employer that only allows English to be
spoken in the workplace; Title VII allows for this rule under certain circumstances where
there is no discriminatory purpose or effect.
✔✔Equal Employment Opportunity Commission (EEOC) - ✔✔The federal agency that
enforces federal anti-discrimination laws and oversees all federal equal opportunity in
employment regulations.
✔✔Equal Pay Act (EPA) - ✔✔Passed in 1963, it requires nearly all employers to pay
men and women equally for the same work.
✔✔Escalator Principle - ✔✔A provision of USERRA that requires an employer to place
a returning veteran in positions that he or she may have attained, absent the military
leave.
✔✔Essential Functions - ✔✔The skills, talents, and education necessary to carry out a
job.
✔✔Ethnicity - ✔✔Traits, background, allegiance, or association.