C233 Employment Law
Implied Contract *** Legally binding agreement which is created, not through formal contract
negotiation and documentation, but by actions of employer and employee
AKA-oral assurances
Supremacy Clause *** mandates that the constitution, federal law, treaties and federal regulations are
the highest laws of the land and have priority over state law.
Frolic and Detour *** Employee's physical departure from the job in order to further his/her own
interests and not the employers.
Dual Purpose Mission *** Occurs when an employee conducts personal and work business at the same
time; subjecting the employer to the employees actions
Pregnancy Discrimination Act (PDA) *** 1978; Prohibits employment discrimination on the basis of
pregnancy, childbirth, or related medical conditions. Pregnant women must be treated in the same
manner as other applicants or employees with similar abilities or limitations. (possibly as a temporarily
disabled worker)
Equal Pay Act 1963 (EPA) *** protects men and women who perform substantially equal work in the
same establishment from sex-based wage discrimination
Civil Rights Act of 1991 *** allows for compensatory and punitive damages for violations of Tytle VII
Age Discrimination in Employment Act of 1967 (ADEA) *** protects individuals who are 40 years of age
or older
Americans with Disabilities Act of 1967 (ADA) *** prohibits disability discrimination in the private sector
,The Rehabilitation Act of 1991 *** prohibits discrimination against qualified individuals with disabilities
who work in the federal government
Uniformed Services Employment and Re-employment Rights Act (USERRA) *** protects military
personnel from employment disctrimination
Equal Employment Opportunity Commission (EEOC) *** federal agency created by the Civil Rights Act of
1964 and today enforces federal anti-discrimination statutes, and provides oversight for all federal equal
opp standards in employment regulations
Discriminatory Evidence *** -Direct Evidence
-Comparative Evidence
-Bona Fide
-Pattern and Practice
Direct Evidence *** Real, clear evidence of discrimination that requires no inference or consideration to
prove existence
Comparative Evidence *** Two employees were similarly situated but were treated differently merely
because of class characteristic.
Bona Fide Occupational Qualification (BFOQ) *** A reasonable employment qualification that an
employer is allowed to consider when making decisions about hiring and retaining employees
Pattern and Practice *** discrimination is where the employers policies have the purpose or effect of
segregation or assigning employees to particular aspects of a business enterprise for no legitimate
business necessity
, Gender Plus Discrimination *** results when an employer classifies employees on a basis of gender, plus
another characteristic-usually a family-related circumstance
Anti-Female Animus *** An environment of animosity toward women
Quid Pro Quo *** (this for that). Notion that an employer seeks sexual favors in exchange for some
positive employment outcome for an employee
Tangible Job Action *** an employment outcome arising out of sexual harassment
Hostile Work Environment Requirements *** -Unwelcome conduct towards victim
-objectionable conduct based on gender
-conduct sufficiently sever or pervasive to create abusive working environment
-conduct alters the conditions of employment in a way which negatively affects victim
-employer knew or should have known the unwelcome conduct and took insufficient action to address
Unwelcome Conduct *** not solicited by the employee and that a reasonable person would regard as
offensive or unwanted
First Written Warning *** 2nd step in a disciplinary process, which advises an employee that work
behavior must change, lays out steps that have already been taken to advise the employee of the deficit
and describes steps that need to be taken to improve performance and remain employed
Age Discrimination in Employment Act (ADEA) *** protect workers aged 40 or older. applies to
employers/unions with more than 20 employees
Title VII Cover Employers that have... *** fifteen or more employees for each working day in each of
twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a
person
Implied Contract *** Legally binding agreement which is created, not through formal contract
negotiation and documentation, but by actions of employer and employee
AKA-oral assurances
Supremacy Clause *** mandates that the constitution, federal law, treaties and federal regulations are
the highest laws of the land and have priority over state law.
Frolic and Detour *** Employee's physical departure from the job in order to further his/her own
interests and not the employers.
Dual Purpose Mission *** Occurs when an employee conducts personal and work business at the same
time; subjecting the employer to the employees actions
Pregnancy Discrimination Act (PDA) *** 1978; Prohibits employment discrimination on the basis of
pregnancy, childbirth, or related medical conditions. Pregnant women must be treated in the same
manner as other applicants or employees with similar abilities or limitations. (possibly as a temporarily
disabled worker)
Equal Pay Act 1963 (EPA) *** protects men and women who perform substantially equal work in the
same establishment from sex-based wage discrimination
Civil Rights Act of 1991 *** allows for compensatory and punitive damages for violations of Tytle VII
Age Discrimination in Employment Act of 1967 (ADEA) *** protects individuals who are 40 years of age
or older
Americans with Disabilities Act of 1967 (ADA) *** prohibits disability discrimination in the private sector
,The Rehabilitation Act of 1991 *** prohibits discrimination against qualified individuals with disabilities
who work in the federal government
Uniformed Services Employment and Re-employment Rights Act (USERRA) *** protects military
personnel from employment disctrimination
Equal Employment Opportunity Commission (EEOC) *** federal agency created by the Civil Rights Act of
1964 and today enforces federal anti-discrimination statutes, and provides oversight for all federal equal
opp standards in employment regulations
Discriminatory Evidence *** -Direct Evidence
-Comparative Evidence
-Bona Fide
-Pattern and Practice
Direct Evidence *** Real, clear evidence of discrimination that requires no inference or consideration to
prove existence
Comparative Evidence *** Two employees were similarly situated but were treated differently merely
because of class characteristic.
Bona Fide Occupational Qualification (BFOQ) *** A reasonable employment qualification that an
employer is allowed to consider when making decisions about hiring and retaining employees
Pattern and Practice *** discrimination is where the employers policies have the purpose or effect of
segregation or assigning employees to particular aspects of a business enterprise for no legitimate
business necessity
, Gender Plus Discrimination *** results when an employer classifies employees on a basis of gender, plus
another characteristic-usually a family-related circumstance
Anti-Female Animus *** An environment of animosity toward women
Quid Pro Quo *** (this for that). Notion that an employer seeks sexual favors in exchange for some
positive employment outcome for an employee
Tangible Job Action *** an employment outcome arising out of sexual harassment
Hostile Work Environment Requirements *** -Unwelcome conduct towards victim
-objectionable conduct based on gender
-conduct sufficiently sever or pervasive to create abusive working environment
-conduct alters the conditions of employment in a way which negatively affects victim
-employer knew or should have known the unwelcome conduct and took insufficient action to address
Unwelcome Conduct *** not solicited by the employee and that a reasonable person would regard as
offensive or unwanted
First Written Warning *** 2nd step in a disciplinary process, which advises an employee that work
behavior must change, lays out steps that have already been taken to advise the employee of the deficit
and describes steps that need to be taken to improve performance and remain employed
Age Discrimination in Employment Act (ADEA) *** protect workers aged 40 or older. applies to
employers/unions with more than 20 employees
Title VII Cover Employers that have... *** fifteen or more employees for each working day in each of
twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a
person
