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Employment law objective assessment wg
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Employment law objective assessmentwgu
2 requirements for osha - ANS-compliance requirement: mandates that every employer
must comply with all DOL safety and health requirements
General duty clause: requires employers to provide a safe and hazard free environment
Abuse of Discretion - ANS-employers failure to consider important and relevant facts,
acting in an arbitrary and capricious manner.
ADA Amendments Act of 2008 - ANS-Retains the basic definition of "disability" under
the ADA. However, it expands the definition of "major life activities" by including two lists
of activities: The first list includes Equal Employment Opportunity Commission (EEOC)
recognized activities such as walking and some not-specifically recognized EEOC
activities such as bending, communicating, and reading. The second list includes major
bodily functions. In short, this Act stresses that the definition of disability should be
interpreted in favor of broad coverage of individuals to maximum extent permitted by the
terms of the ADA.
ADA definition of disability - ANS-1) A physical or mental impairment that substantially
limits one or more of the major life activities- inability to perform or significant restriction
2) A record of such an impairment - protection of people who had but may no longer
have an actual disability
3) Regarded as having such an impairment - discrimination is based on perception
(cleft lip and palate)
ADEA waiver - ANS-statement from retiring employee that he/she will not make
personal adea claim against employer in exchange for retirement incentives
adverse job action - ANS-A negative job action that results from an employee's lawful
actions.
Affirmative Action - ANS-action taken by employer to overcome discriminatory effects of
past or current practices that create barriers to equal employment opportunity. Applies
to 20% of workforce
Affirmative Action Plan - ANS-government contractor's formal plan establishing
employment placement goals and timetables for hiring more women and minorities.
,Must contain reasonable self analysis, reasonable action, reasonable rationale for
taking corrective action
age discrimination - ANS-treating people differently (for example in hiring and firing,
promotion, and compensation decisions) because of their age (workers 40 and older)
Age Discrimination in Employment Act - ANS-1967 law that prohibits discrimination of
employees 40 years and up, applies to public and private employers with more than 20
workers, not considered in civil rights act
agency - ANS-contract relationship between principal and agent whereby principal
authorizes agent to work on his or her behalf
Americans with Disabilities Act of 1990 - ANS-it became illegal for any firm with 15 or
more employees to discriminate in employment against a qualified person with a
disability.
anti-female animus - ANS-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.
assumption of the risk (employer defense) - ANS-worker knew and accepted the risk of
potential injury
back pay - ANS-Monetary compensation for a plaintiff's lost earnings.
Bona Fide Occupational Qualification (BFOQ) - ANS-qualification employer is allowed to
consider when hiring employees
business necessity - ANS-business purpose that justifies employment decision as
effective and necessary
Civil Rights Act of 1964 - ANS-outlawed discrimination based on race, color, religion,
sex, or national origin. Covers employers with 15 or more employees
Clayton Act - ANS-prohibited the elimination of unions and expressly removed union
organizing efforts from the "anti-combination" language of the Sherman Anti-Trust Act.
, Closed Union Shop - ANS-An illegal requirement that an employee be a union member.
collective bargaining - ANS-Process by which a union representing a group of workers
negotiates with management for a contract
common law agency test - ANS-test used to determine employee status, employer
maintains right to control method of work performed (work hours, dress code, billing
processes)
common law criminal conspiracy - ANS-combination of two or more persons planning to
accomplish an unlawful purpose.
comparable worth theory - ANS-women must be paid equally with men who perform
comparable work
comparative evidence - ANS-two employees were similarly situated but were treated
differently merely because of a class characteristic
Compensatory Damages - ANS-monetary amount necessary to replace what claimant
lost including money, pain, non monetary losses
compensatory time - ANS-time off from work rather than money for working overtime.
Not allowed in the private workplace, allowed for public employees
concerted activity - ANS-any and all efforts of workers to join together to seek working
condition improvements from management
consent decree - ANS-agreement between two parties to resolve dispute
Consolidated Omnibus Budget Reconciliation Act (COBRA) - ANS-applies to firms with
20 or more employees, provides that benefit coverage extends 18 months (in some
cases 36) from the date of a qualifying event. allows an employee - at his or her own
expense - to continue company health care benefits for up to eighteen months when he
or she leaves a job.
constitution - ANS-supreme law of the land
Constructive Discharge - ANS-employer allows intolerable conditions of unfairness or
mistreatment to exist at work to such a degree that no reasonable employee would feel
he or she had any other option but to quit.
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