answers
20-factor Analysis Ans✓✓✓ A guide adopted by the Internal Revenue Service for
determining if a worker should be classified as an independent contractor
Abuse of Discretion Ans✓✓✓ An employer's failure to consider important and
relevant facts; acting in an arbitrary or capricious manner
ADA Amendments Act Ans✓✓✓ Passed in 2008, it amends the ADA by adding
new protections for employees with disabilities
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
after the plaintiff has established the prima facie case Ans✓✓✓ When does the
employer have the burden of proof in a EEOC discrimination claim
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.
,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.
an individual a HR employee who fails to check a new workers eligibility to work
in the United States May face civil liability Ans✓✓✓ which penalty is imposed by
the immigration reform and Control Act?
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
Bona Fide Occupational Qualification Ans✓✓✓ 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.
bona fide occupational qualification Ans✓✓✓ which practice is descriptive of a
church requiring a clergy to be of a particular denomination?
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.