Law Ch 14

Front 1

FLSA (Fair Labor Standards Act)

Back 1

federal law adopted in 1938 to eliminate unfair methods of compensation and labor conditions injurious to the health and efficiency of workers

Front 2

comparable worth

Back 2

refers to jobs requiring different skills and responsibilities that have equal value to the employer

Front 3

at-will employment

Back 3

the employment contract between an employer and an employee is indefinite in duration and can be terminated by either party for any reason or no reason at any time without liability.

Front 4

protected classes

Back 4

race, skin color, religion, gender, pregnancy, national origin, disability, age, union membership

Front 5

disparate treatment

Back 5

intentional discrimination based on considerations of race, color, religion, gender or origin

Front 6

disparate impact

Back 6

involves neutral practices that result, often unintentionally, in unequal treatment.
ex/ no-beard policy discriminates against black males

Front 7

Equal Employment Opportunity Commission (EEOC)

Back 7

a federal government agency that is charged with enforcing Title VII's mandates

Front 8

back pay

Back 8

difference btw a) the amt of money the plaintiff would have earned in the absence of discrimination, which might include increased salary that would have accompanied a promotion that he or she was denied and b) the amount of money the plaintiff earned as the victim of discrimination

Front 9

bona fide occupational qualification (BFOQ)

Back 9

relieves an employer from liability for disparate treatment (intentional) discrimination where selection of an employee based on gender, religion, age or origin is reasonably necessary for the noraml operation of the employer's business
ex/ only hiring women to model women's makeup/ clothes

Front 10

business necessity

Back 10

means that the criterion has an obvious relationship to job performance

Front 11

reverse discrimination

Back 11

a person of a majority race sues based on race discrimination

Front 12

glass ceiling

Back 12

artificial barriers that have held women and minorities back from promotion to management and decision-making positions in business

Front 13

affirmative action

Back 13

refers to employment programs designed to remedy discriminatory practices in hiring

Front 14

sexual harassment

Back 14

form of sexual discrimination and constitutes a violation of title VII

Front 15

retaliatory discharge

Back 15

retaliation often takes the form of terminating the employee. this is unlawful

Front 16

essential functions of a job

Back 16

core responsibilities of a job as distinguished from marginal or incidental assignments

Front 17

undue hardship

Back 17

refers to an accommodation that requires significant difficulty or expense on the part of the employer

Front 18

collective bargaining

Back 18

process whereby representatives of the union negotiate with representatives of management on terms of employment

Front 19

Halo Effect

Back 19

-HR concept
-when someone has done something nice it can cause you to overlook something bad they do

Front 20

qualifications for executive employee for exemption of overtime pay

Back 20

- employee must be compensated on salary basis at at least $455/week
-employee's primary duty must be managing the business
-employee must regularly direct the work of at least two full-time employees
-employee must have the authority to hire/fire other employees or have significant input in those decisions

Front 21

Civil Rights Act

Back 21

-1964
-Title VII Employment Discrimination

Front 22

Title VII covers employers with #? employees

Back 22

15 or more

Front 23

quid pro quo sexual harassment

Back 23

unwelcome sexual advances or requests for sexual favors in return for job benefits.
"respondeat superior" boss over an employee

Front 24

hostile environment sexual harassment

Back 24

verbal or physical conduct of a sexual nature that creates an intimidating, hostile or offensive work environment
-even if employer didn't know, courts will say that they 'should have known'

Front 25

sexual harassment can occur between

Back 25

by coworkers
by customers
between same-sex

Front 26

Americans with Disabilities Act

Back 26

-1992
-eliminates the barrier of stereotypes for disabled persons who are able to perform on the job
-employer cannot refuse to hire and cannot otherwise discriminate against a disabled person who can, with reasonable accommodation if needed, perform the essential functions of a job

Front 27

determinations of what functions are essential to a job

Back 27

-employer's judgement as to which functions are essential
-written job descriptions drafted before the job was advertised or interviewing began
-the amount of time on the job allocated to performing the function

Front 28

prohibited questions about nature of a disability

Back 28

-do you have a disability
-how severe is your disability
-what medications are you taking
-have you been hospitalized recently

Front 29

negligent hiring

Back 29

cause of action that holds an employer responsible when an employee harms a customer or another worker, and a background check would have revealed a propensity for aggressive conduct