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45 Cards in this Set
- Front
- Back
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Administrative Law Judge
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Formerly called trial examiners.
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Affirmative Action Plans
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Programs which involve giving preference in hiring or promotion to qualified female or minority employees.
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Arbitration
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The settlement of disputes by a neutral adjudicator chosen by the parties.
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BFOQ
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Bona-Fide Occupational Qualification. AN EXCEPTION TO TITLE VII.
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Collective Bargaining
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When a union and employer meet to discuss wages and condtions of employment.
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Common Situs Picketing
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Union picketing of an entire construction site.
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Construct Validity
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Based on TRAITS and CHARACTERISTICS.
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Content Validity
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Reflects the CONTENT of the job.
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Contract Bar Rule
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Bars an election during an agreement. Subject to "open season".
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Criterion-Related Validity
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Correlates with the SKILLS and KNOWLEDGE required for job performance.
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Defamation
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An intentional, false, and harmful communication.
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Libel
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Written defamation.
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Slander
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Spoken defamation.
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Absolute Privilege
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The right to privileged communication in a confidential relationship, as between client and attorney
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Qualified Privilege
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Defense to an action of defamation, that the statement in question was made under a properly exercised (free of improper motive or malice) privilege in the performance of a legal or moral right or duty.
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Anecdotal Evidence
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is unreliable evidence based on personal experience that has not been empirically tested, and which is often used in an argument as if it had been scientifically or statistically proven
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FMLA
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50 Employees
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EPA
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ANY
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Title VII
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15
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Workers Comp
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3
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Disparate Impact
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Unintentional discriminatory effect of apparently neutral employment criteria
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Disparate Treatment
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When an employee is treated differently from others due to race, color, religion, gender, or national origin.
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Employment at-will
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Employee and employer are free to terminate at any time
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Fiduciary
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Benefit plan
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Four Fifths Rule
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A mathematical formula developed by the EEOC to demonstrate disparate impact.
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Front Pay
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Monetary award for loss of anticpated future earnings.
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Hostile Environment Harassment
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unwelcome conduct that illegally interferes with an individual’s work or academic performance, or creates an intimidating, hostile, or offensive
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Implied Contract
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Inferred from behavior
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Independent Contractor
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A person working as a separate business entity
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Just Cause
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"good cause", fair adequate and reasonable motive for action
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Lockout
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An employers temporary withdrawal of employment to pressure employees to agree to the employer's bargaining proposals.
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Minimum Wage
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Wage limit set by the govt that an employer cannot pay less than.
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Pressure tactics
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Union pressure I.E. Strikes and boycotts.
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Prima Facie Case
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"On the face of it" or "at first sight"
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Quid Pro Quo Harassment
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Sexual favors for advancement
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Tort
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A private or civil wrong/injury caused intentionally or unintentionally
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Unfair Labor Practice Strike
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A strike to protest employer unfair practices.
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Uniform Guidelines on Employee Selection Procedures
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Regulations adopted by the EEOC.
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Union Shop Agreement
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Agreement requiring employees to join the union after a certain period of time.
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Willfull misconduct
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High level of fault that disqualifies an out-of-work worker from unemployment benefits. Fired for a reason
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Workers Comp : Definition
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Benefits awarded an employee when injuries are work related.
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702(a)
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Provides exceptions for religious organizations and corporations.
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703 (b)
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Exception for religion.
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Garcia V. Spunstake
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English only rules are illegal.
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Serious Health Condition
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Illness lasts more than 3 days
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