Legal 4500

Front 1

Independent Contractor

Back 1

A person who contracts with a principal to perform a task according to her or his own methods, and who is not under the principal's control regarding the physical details of the work

Front 2

Vicarious Liability

Back 2

the imposition of liability on one party for the wrongs of another. Liability may extend from an employee to the employer on this basis if the employee is acting within the scope of her or his employment at the time the liability arose

Front 3

Common Law Agency Test

Back 3

A test used to determine employee status; though it considers several factors, the most critical is whether the employer has the right or ability to control the work

Front 4

IRS 20 factor analysis

Back 4

A list of 20 factors to which the IRS looks to determine whether someone is an employee or an independent contractor. The IRS compiled this list from the results of judgements of the courts relating to this issue

Front 5

Economic Realties Test

Back 5

A test to determine whether a worker qualifies as an employee. Courts use this test to determine whether a worker is economically dependent on the business or is in business for himself or herself.

Front 6

Contingent Worker

Back 6

a worker whose job with an employer is temporary, is sporadic, or differs in any way from the norm of full time employment

Front 7

Employer

Back 7

one who employs or uses others to do his or her work, or to work on his or her behalf

Front 8

Covenant not to compete

Back 8

An agreement by the employee not to disclose the employer's confidential information or enter into competition with the employer for a specified period of time and within a specific region

Front 9

Forum Selection Clause

Back 9

A clause in a contract that identifies the state law that will apply to any disputes that arise under the contract

Front 10

Inevitable Disclosure

Back 10

the theory under which a court may prohibit a former employee from working for an employer's competitor if the employer can show that it is inevitable that the former employee will disclose a trade secret by virtue of her or his position

Front 11

Stare Decisis

Back 11

a system of using legal precedent

Front 12

Plaintiff

Back 12

one who brings a civil action in court

Front 13

Defendant

Back 13

one against whom a case is brought

Front 14

Appellant

Back 14

One who brings an appeal

Front 15

Appellee

Back 15

one against whom an appeal is brought

Front 16

Petitioner

Back 16

one who appeals a case to the Supreme Court

Front 17

Respondent

Back 17

One against whom a case is appealed at the Supreme Court

Front 18

Motion to Dismiss

Back 18

Request by a defendant for the court to dismiss the plaintiff's case

Front 19

Motion for Summary Judgement

Back 19

Defendent's request for the court to rule on the plaintiff's case based on the documents submitted, alleging there are no triable issues of fact to be decided

Front 20

Cause of Action

Back 20

Right provided by law for a party to sue for remedies when certain legal rights in violated

Front 21

prima facie case

Back 21

the evidence that fits each requirement of a cause of action

Front 22

At Will Employment

Back 22

an employment relationship where there is no contractual obligation to remain in the relationship; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as for discriminatory purposes

Front 23

Public Policy

Back 23

a legal concept intended to insure that no individual lawfully do that which has a tendency to be injurious to the public or against the public good. Public policy is undermined by anything that harms a sense of individual rights

Front 24

Covenant of good faith and fair dealing

Back 24

implied contractual obligation to act in good faith in the fulfillment of each party's contractual duties

Front 25

Implied contract

Back 25

A contract that is not expressed but, instead, is created by other words or conduct of the parties involved

Front 26

Constructive Discharge

Back 26

Occurs when the employee is given no reasonable alternative but to end the employment relationship; considered an involuntary act on the part of the employee

Front 27

Disparate Treatment

Back 27

treating similarly situated employees differently because of prohibited Title VII factors

Front 28

bona fide occupational qualification

Back 28

permissible discrimination if legally necessary for an employer's particular business

Front 29

Disparate/adverse impact

Back 29

Deleterious effect of a facially neutral policy on a Title VII group

Front 30

Facially Neutral Policy

Back 30

workplace policy that applies equally to all appropriate employees

Front 31

Screening device

Back 31

Factor used to weed out applicants from the pool of candidates

Front 32

Four fifths rule

Back 32

the minority must do at least eighty percent, or four fifths, as well as the majority on a screening device or a presumption of disparate impact arises, and the device must then be shown to be a legitimate business necessity

Front 33

Business Necessity

Back 33

Defense to a disparate impact case based on the employer's need for the policy as a legitimate requirement for the job

Front 34

Exhaustion of administrative remedies

Back 34

Going through the EEOC administrative procedure before being permitted to seek judicial review of an agency decision

Front 35

Back Pay

Back 35

Money awarded for time an employee was not working (usually due to termination) because of illegal discrimination

Front 36

Front Pay

Back 36

Equitable remedy of money awarded to a claimant when reinstatement is not possible or feasible

Front 37

Retroactive Seniority

Back 37

Seniority that dates back to the time the claimant was treated illegally

Front 38

Make whole relief

Back 38

Attempt to put the claimant in position he or she would have been in had there been no discrimination

Front 39

Compensatory damages

Back 39

money awarded to compensate the injured party for direct losses

Front 40

Punitive damages

Back 40

money over and above compensatory damages, imposed by the court to punish the defendant for willful acts and to act as a deterrant

Front 41

Claimant/ Charging party

Back 41

the person who brings an action alleging violation of Title VII

Front 42

Record Keeping and Reporting Requirements

Back 42

requirement under Title VII that certain documents must be maintained and periodically reported to the EEOC

Front 43

706 agency

Back 43

state agency that handles EEOC claims under a work sharing agreement with the EEOC

Front 44

conciliation

Back 44

attempting to reach agreement on a claim through discussion, without resort to litigation

Front 45

Respondent or Responding Party

Back 45

Person alleged to have violated Title VII, usually the employer

Front 46

Reasonable Cause

Back 46

EEOC finding that Title VII was violated

Front 47

No Reasonable Cause

Back 47

EEOC finding that evidence indicates no reasonable basis to believe Title VII was violated

Front 48

Right to Sue Letter

Back 48

letter given by the EEOC to claimants, notifying them of the EEOC's no cause finding and informing them of their right to pursue their claim in court

Front 49

EEO Investigator

Back 49

employee of the EEOC who reviews Title VII complaints for merit

Front 50

Judicial Review

Back 50

court review of an agency's decision

Front 51

De Novo review

Back 51

complete new look at an administrative case by the reviewing court

Front 52

Mandatory Arbitration Agreement

Back 52

agreement an employee signs as a condition of employment, requiring that workplace disputes be arbitrated rather than litigated

Front 53

Under Color of State Law

Back 53

Government employee is illegally discriminating against another during performance of his or her official duties