Rplu - Epl - Definitions

Front 1

Federal law that requires certain employers to give time off to employees to care for their own or a family member's illness, or to care for a newborn or adopted child.

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Family Medical Leave Act (FMLA)

Front 2

Provides 12 weeks of leave during a 12 month period, continuation of benefits during the leave period, and the employees right to be restored to the same position, or an equivalent position, with the same pay, benefits and terms and conditions of employment

Back 2

Family Medical Leave Act

Front 3

This was passed during WWII to provide certain rights and benefits to the veterans of the war.

Back 3

Veteran's Reemployment Rights (VRR)

Front 4

Federal statute governing certain aspects of the employment and reemployment of employees who leave their jobs to perform military service.

Back 4

Uniform Services Employment and Reemployment Rights Act (USERRA)

Front 5

This applies to all employers, with no size limitations, and requires them to grant up to five years of unpaid leave to employees for military service.

Back 5

Uniform Services Employment and Reemployment Rights Act (USERRA)

Front 6

Federal statute that provides eligibility and verification requirements for legal employment in the United States.

Back 6

Immigration Reform and Control Act (IRCA)

Front 7

Remember when you began to work at your company? You filled out paperwork for the HR Department, including the Employment Eligibility Verification Form, and probably handed someone your social security card and drivers license to prove you were eligible to work in the United States. These requirements are provisions of the what?

Back 7

Immigration Reform and Control Act (IRCA)

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The term for an employee that reports and employer's illegal action or practice to the authorities. They are entitled to a number of protections under state and federal law.

Back 8

Whistleblower

Front 9

The federal agency charged with creating and enforcing workplace health and safety standards.

Back 9

Occupational Safety & Health Administration (OSHA)

Front 10

Administers and enforces the National Labor Relations Act, the law that defines the relationship between employers and unions.

Back 10

National Labor Relations Board (NLRB)

Front 11

FMLA Damages:

Back 11

1) Reinstatement

2) Back Pay

3) Attorney's Fees

4) Liquidated Damages may be awarded if a court finds the employer willfully violated the FMLA.

Front 12

What are the four forums for employees' claims:

Back 12

EECO
Federal Courts
State and Local Agencies
State and Local Courts

Front 13

Generally, Fair Employment Practices (FEP) laws parallel the federal statutes, but may be much more expansive due to the following factors:

Back 13

1) Expanded protected or lifestyle classes, including marital status or sexual orientation.
2) Expanded jurisdiction by applying to smaller employers with fewer employees than the federal statutes require.
3) Increased cap or no cap on compensatory and punitive damages.
4) Expanded definitions of "disabled" and "impairment."
5) Modified administrative and judicial procedures more favorable to employees.

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State and local anti-discrimination statutes that are typically modeled after Title VII, but may provide expanded definitions of protected classes and cover more employers.

Back 14

Fair Employment Practices (FEP)

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States with employment laws that significantly affect employers' exposure:

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CA
IL
MI
NJ
TX

Front 16

The principle that injury to the public good or public order constitutes a basis for setting aside, or denying effect to, acts or transactions.

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Public Policy

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Four types of public policy allegations. These involve illegal termination or retaliation because an employee:

Back 17

1) Refused to do something illegal, such as submitting false reports.

2) Performed a duty required by law, such as jury duty.

3) Exercised a job-related right, such as filing a discrimination claim.

4) Reported unlawful conduct (whistleblowing)

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Part of the U.S. Department of Labor's Employment Standards Administration responsible for ensuring that employers doing business with the federal government comply with the laws and regulations requiring nondiscrimination and affirmative action in employment.

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Office of Federal Contract Compliance Programs (OFCCP)

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The OFCCP enforces three federal equal employment opportunity requirements:

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1) Executive Order 11246

2) Section 503 of the Rehabilitation Act of 1973

3) Vietnam Era Veteran's Readjustment Assistance Act of 1974

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Prohibits employment discrimination based on race, color, gener, religion, or national origin. It applies to federal contractors and subcontractors with contracts in excess of $10,000.

Back 20

Executive Order of 11246

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This applies to employers with federal contracts who have 50 or more employees and a contract of more than $50,000 and have a written affirmative action plan.

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Executive Order of 11246

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This prohibits discrimination and requires affirmative action to recruit and advance qualified employees with disabilities.

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Section 503 of the Rehabilitation Act of 1973

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This prohibits discrimination and requires affirmative action for nearly all veterans.

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Vietnam Era Veteran's Readjustment Assistance Act of 1974

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The Vietnam Era Veteran's Readjustment Assistance Act of 1974 prohibits discrimination and requires affirmative action for nearly all veterans, including:

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1) Disabled veterans

2) Vietnam era veterans

3) Recently separated veterans

4) Veterans who served on active duty during a war, campaign, or expedition for which a campaign badge was authorized.

Front 25

Civil Rights Act of 1866 applies to whom?

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All employers, not based on number of employees.

Front 26

Equal Pay Act applies to employers with:

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1) 2+ employees

2) With gross sales > $500k

3) Engaged in interestate commerce

Front 27

Equal Pay Act damages:

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Back Pay

Front 28

Civil Rights Act of 1964 applies to employers with:

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15+ employees

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Civil Rights Act of 1964 damages:

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1) Hiring, reinstatement, promotion

2) Back/Front Pay

3) Attorney's fees

4) Injunctive Relief

5) Compensatory/Punitive Damages

Front 30

ADEA applies to employers with:

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20+ employees

Front 31

ADEA damages:

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1) Hiring, reinstatement, promotion

2) Back/Front Pay

3) Attorney's fees

4) Injunctive Relief

5) Compensatory/Punitive Damages

Front 32

ADA applies to employers with:

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15+ employees

Front 33

ADA damages:

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1) Hiring, reinstatement, promotion

2) Back/Front Pay

3) Attorney's fees

4) Injunctive Relief

5) Liquidated Damages

Front 34

FMLA applies to employers with:

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50+ employees

Front 35

USERRA applies to:

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All employees

Front 36

USERRA damages:

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1) Reinstatement

2) Back Pay

3) Attorney's fees

4) Liquidated Damages

Front 37

IRCA applies to employers with:

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4+ employees not covered by Title VII

Front 38

2 Amendments to Title VII

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1) Pregnancy Discrimination Act of 1978

2) Civil Rights Act of 1991

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Compensatory & Punitive Damages Cap vs. # of employees:

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15-100 $50k
101-200 $100k
201-500 $200k
501+ $300k

Front 40

Employment practices that are covered by federal, state & local laws include:

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-Hiring & firing
-Compensation & Classification
-Work Assignments
-Promotions, transfers, layoffs and recalls
-Recruitment
-Testing
-Training & Apprenticeship programs
-Retirement plans, fringe benefits and disability leave.

Front 41

Allegation that the termination of employment was in violation of a state or federal law, a breach of express or implied contract, or against public policy.

Back 41

Wrongful Termination

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An employment relationship where, in the absence of an express agreement to the contrary, either the employee or the employer may terminate the employment relationship at any time for any reason.

Back 42

Employment at-will

Front 43

Monetary relief to reimburse wages and/or benefits lost as a result of unlawful discrimination or wrongful termination.

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Back Pay

Front 44

An award providing monetary relief for the loss of future earnings, representing the amount of money the employee would have earned if the employee was reinstated or hired into the higher-paying position from which he or she was illegally rejected.

Back 44

Front Pay

Front 45

An award to compensate an individual for actual monetary losses or suffering.

Back 45

Compensatory Damages

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Am amount of money agreed upon in advance, by parties to a contract, to be paid in the event of a breach of contract.

Back 46

Liquidated Damages

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An additional amount, sometimes referred to as multiplied damages, awarded to the employee.

Back 47

Liquidated Damages

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An award that is levied by a jury in excess of the actual loss incurred, with the purpose of punishing the wrongdoers or setting an example for similar wrongdoers.

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Punitive Damages

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Non-monetary relief, such as reinstatement, training to prevent future discrimination or harassment, or updating facilities to provide access for persons with disabilities.

Back 49

Injunctive Relief

Front 50

Enacted after Civil War to establish and protect the rights of the newly freed slaves.

Back 50

Civil Rights Act of 1866

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This act provides equal rights to all persons to enter and enforce contracts, and has been the basis for claims of discrimination in housing and employment based on race, ancestry and ethnicity.

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Civil Rights Act of 1866

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Prohibits pay discrimination based on a person's gender.

Back 52

Equal Pay Act of 1963 (EPA)

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The federal administrative agency that enforces law prohibiting discrimination in employment.

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Equal Employment Opportunity Commission (EEOC)

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Liability imposed without regard to fault

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Strict Liability

Front 55

Part of the Civil Rights Act of 1964 that prohibits discrimination in employment on the basis of age, color, national origin, race, religion, or sex.

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Title VII

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Any group specified in and, therefore, protected by anti-discrimination laws.

Back 56

Protected classes

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Unlawful to discriminate on the basis of pregnancy, childbirth, or any related medical conditions.

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Pregnancy Discrimination Act of 1978

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This act allowed employees to bring discrimination claims to trial.

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Civil Rights Act of 1991

Front 59

A federal statute that protects people age 40 and above from employers' discriminatory practices based on their age.

Back 59

Age Discrimination in Employment Act (ADEA)

Front 60

A federal statute that protects disabled individuals from employment discrimination and requires employers to offer reasonable accommodations to employees with disabilities.

Back 60

Americans with Disabilities Act (ADA)

Front 61

A modification or adjustment to a job or work environment required by the ADA to enable a qualified applicant or employee with a disability to perform essential job functions. An employer must make reasonable accommodations unless such accommodation causes the employer undue hardship.

Back 61

Reasonable Accommodations

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List the top 3 types of charges filed with the EEOC for a typical year:

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Race - 36%
Sex - 31%
Retailiation - 30%

Front 63

Types of Discrimination:

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Race
National Origin
Sex
Age
Disability
Religion
Disparate Treatment and Disparate Impact

Front 64

Race discrimination usually involve one of the following factors:

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Physical characteristics
Skin color
Association with a protected individual
Sterotypes associated with race

Front 65

A job requirement that permits an employer to discriminate legally based on sex, age, religion, national origin, or physical or mental condition. These requirements must be carefully justified and based on actual job needs, not sterotypes

Back 65

Bona Fide Occupational Qualification (BFOQ)

Front 66

Positive measures taken by an employer to recruit, employ and advance protected classes of employees.

Back 66

Affirmative Action

Front 67

An explanation for a defendant's actions that excuses or justifies his behavior.

Back 67

Affirmative Defense

Front 68

The maximum amount the INsurer will pay for all of the liabilities incurred for a certain insurance policy in a specific policy period.

Back 68

Aggregate Limit

Front 69

Refers to methods of setting disputes by means other than court trial. Such methods are typically less costly and more expeditious than the litigation process.

Back 69

Alternative Dispute Resolution (ADR)

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Examples of ADR:

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Mediation and Arbitration

Front 71

A method of ADR in which the parties present arguments and evidence to an independent and impartial third party.

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Arbitration

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People born during the post-WWII period of increased birth rates starting in 1946 and ending in 1964.

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Baby Boomers

Front 73

Rate per unit of exposure; it is the basic component of the rating plan used to determine premiums, and is typically the rate for a relatively low limit of liability, such as $100,000 per claim/$300,000 aggregate.

Back 73

Base Rate

Front 74

A type of policy requiring the wrongful act to occur after any applicable retroactive date and for the claim to be reported during the policy period.

Back 74

Claims-made

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This requires not only that the claim be made, but also that the Insured reports the claim to the Insurer during the same period.

Back 75

Claims-Made and Reported

Front 76

A lawsuit in which the covet authorizes in a single person or small group of people to represent the interests of a larger group.

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Class Action

Front 77

An employment agreement entered into by an employer with a group of employees.

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Collective Bargaining Agreement

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Example of a Collective Bargaining Agreement:

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A union contract

Front 79

Insurance that provides comprehensive coverage for commercial risks, covering all liability exposures for all locations and causes of loss, except those specifically excluded or limited within the coverage form or by endorsement.

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Commercial General Liability Coverage (CGL)

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Law established by the courts in earlier cases.

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Common Law

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Common Law is also known as:

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Case Law

Front 82

Efforts by a third party to improve the relationship between two or more disputants. The EEOC attempts to persuade the employer to voluntarily eliminate and remedy the discrimination, following the standards of the EEOC's policy on remedies and relief for individual cases of unlawful discrimination.

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Concillation

Front 83

Policy language that requires the Insurer to have the consent of the Insured before agreeing to offer any
reasonable settlement under a duty to defend policy. The roles are reversed in a duty to pay policy, in which the Insured must obtain consent from the Insurer before entering into any settlement.

Back 83

Consent to Settle

Front 84

A type of termination of the employment relationship in which the employee quits, but the employer is liable as if wrongful termination occurred because the employee was forced to resign due to intolerable working conditions.

Back 84

Constructive Discharge

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The portion of a loss for which the Insured is responsible. It may apply to an indemnity payment, defense costs, or both. The payment is typically paid by the Insurer and then collected from the Insured.

Back 85

Deductible

Front 86

Policy provision that any legal defense costs incurred by the Insurer in defending the Insured against a claim under the policy will be deducted from and reduce the
policy's coverage limits.

Back 86

Defense within the Limits

Front 87

Insurance coverage that protects the Directors and Officers of corporations, and sometimes the entity, against legal judgments, settlements, and related expenses resulting from allegations of wrongful acts by Directors and Officers committed in their individual
capacities as such.

Back 87

D&O Liability Insurance

Front 88

Unfair treatment or denial of opportunity or privelge because of an individual's race, age, sex, nationality, religion, disability, citizenship or other protected classification.

Back 88

Discrimination

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Category of employment discrimination in which an employer's actions, practices, or standards, although seemingly neutral, had an adverse effect on the employment opportunities of a protected group.

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Disparate Impact

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Intentional discrimination in employment against an individual group in a protected class. An intent to discriminate is a necessary element in this type of employment discrimination, and may be shown by direct evidence or inferentially by statistical, anecdotal, and/or comparative evidence.

Back 90

Disparate Treatment

Front 91

Working agreement under which a charge of discrimination that is covered by both an EEOC enforced statute and an FEPA law or ordinance, and filed with either the EEOC or FEPA, is filed with both agenices under both laws, regardless of which agency receives it.

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Dual-Filing

Front 92

Insurance coverage for negligent or unintentional errors and omissions that occur in the course of administering Employee Benefit Plans.

Back 92

Employee Benefits Liability (EBL) Insurance

Front 93

An employment relationship where, in the absence of an express agreement to the contrary, either the employee or the employer may terminate the employment relationship at any time for any reason.

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Employment at-will

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The federal administrative agency that enforces laws prohibiting discrimination in employment.

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Equal Opportunity Employment Commission (EEOC)

Front 95

A federal law that sets guidelines and regulations for all employer-sponsored Employee Benefit Plans.

Back 95

Employee Retirement Income Security Act (ERISA)

Front 96

Insurance coveraged designed to protect various professional and professional organizations from financial loss resulting from errors, omissions, or negligent actions arising from their professional activities.

Back 96

Errors and Omissions (E&O) Liability Insurance

Front 97

An ERP extends the claims-reporting provisions for a specific time period beyond the policy expiration date, for any claims arising from wrongful acts that occurred after the retroactive date and prior to the expiration of the policy.

Back 97

Extended Reporting Period (ERP)

Front 98

An obligation to act in the best interests of another party, requiring the highest standards of care, good faith, loyalty and trust

Back 98

Fiduciary Duty

Front 99

Insurance that can be purchased to protect against losses and damages caused by a Fiduciary's breach of duty, errors or omissions while performing a fiduciary function for an Employee Benefit Plan.

Back 99

Fiduciary Liability

Front 100

A policy provision that limits coverage in the event an Insured does not accept a recommended settlement offer. It provides that if the Insured refuses a settlement offer recommended by the Insurer, the Insurer's liability is limited to the amount of the recommended settlement offer.

Back 100

Hammer Clause

Front 101

A point in the insurance market cycle when there is limited availability because Insurers have become insolvent or stopped writing coverage, or limited affordability because remaining Insurers offer coverage, but at prices that are unaffordable.

Back 101

Hard Market

Front 102

A form of prohibited sexual harassment involving a pattern or practice of unwelcome conduct or working conditions that unreasonably interfere with the employee's work performance or create an intimidating or offensive work environment.

Back 102

Hostile Work Environment

Front 103

Two or more employers that each exercise sufficient control over an individual to qualify as his employer.

Back 103

Joint Employer

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A method of alternative dispute resolution through which the parties are guided in resolving their differences and encouraged to come up with their own solutions to settle the dispute. This process is not binding on the parties.

Back 104

Mediation

Front 105

Counsel for the Insurer who monitors the litigation, advises the Insurer on policy coverage and obligations, and may work with the counsel for the Insurer to achieve more cost effective litigaiton and settlement.

Back 105

Monitoring or Coverage Counsel

Front 106

An Insured, typically the primary insurance purchaser, who is named on the policy declarations, has special rights and duties, and pays premiums and receives return premiums.

Back 106

Named Insured

Front 107

A real human being; distinguished from a corporation, which is often treated in law as a fictitious person.

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Natural Person

Front 108

The practice of moving business processes or services to another country, particulary overseas, to reduce costs.

Back 108

Offshoring

Front 109

The purchase by a company of labor or parts from a source outside the company, rather than using the company's staff or plant.

Back 109

Outsourcing

Front 110

The maximum amount the Insurer will pay for each claim covered by the policy. The per claim limit may apply to damages only, or to both damages and defense costs.

Back 110

Per Claim Limit

Front 111

The practice of moving business processes or services to another country, particulary overseas, to reduce costs.

Back 111

Offshoring

Front 112

The purchase by a company of labor or parts from a source outside the company, rather than using the company's staff or plant.

Back 112

Outsourcing

Front 113

The maximum amount the Insurer will pay for each claim covered by the policy. The per claim limit may apply to damages only, or to both damages and defense costs.

Back 113

Per Claim Limit

Front 114

A series of written warnings from an employer to an
employee that advise the employee of performance
deficiencies, give the employee an opportunity to
correct the deficiencies. The employee is made aware
that the failure to improve could result in additional
disciplinary action, including termination of their employment.

Back 114

Progressive Discipline

Front 115

Any group (or member of that group) specified in and, therefore, protected by anti-discrimination laws.

Back 115

Protected Class

Front 116

A form of prohibited sexual harassment involving situations in which submission to or rejection of unwelcome conduct (such as a sexual advance or a request for sexual favors) is used as the basis for employment decisions and/or tangible
employment benefits, or the conduct is made a term or
condition of employment.

Back 116

Quid Pro Quo Harassment

Front 117

Method of determining premiums that expresses any
formulas utilized, including the base rate and modification factors, such as Increased Limit Factors and experience and schedule rating plans.

Back 117

Rating Plan

Front 118

A modification or adjustment to a job or work environment required by the ADA to enable a qualified applicant or employee with a disability to perform essential job functions; also used in connection with discrimination claims based on religion.

Back 118

Reasonable Accomodation

Front 119

Statements provided by the applicant in the insurance
application that form the basis for underwriting and rating an insurance contract.

Back 119

Representation

Front 120

Insurer's notification to the Policyholder of potential coverage issues. It reserves the Insurer's right to not pay for a claim, or part of a claim, that it determines is not covered under the policy.

Back 120

Reservation of Rights (ROR)

Front 121

A designated amount paid by an Insured before an Insurer will have any obligation to provide indemnification for a covered loss or allocated loss
adjustment expenses.

Back 121

Retention

Front 122

In a claims-made policy, the date after which a wrongful act must take place in order for the policy to apply. This is typically the inception date of the Insured's first claims-made policy.

Back 122

Retroactive Date

Front 123

A specific sum or percentage of loss that is the Insured's responsibility and is not covered under the policy. Claims within the Insured's retention are usually handled and paid by the Insured.

Back 123

Self-Insured Retention (SIR)

Front 124

A period in the insurance market cycle when there is
abundant capacity because Insurers have been through a prosperous period and new Carriers have entered the marketplace, and seemingly endless availability, with Insurers offering broad coverage terms at competitive prices.

Back 124

Soft Market

Front 125

Fees provided for under federal and state statutes when plaintiffs are successful in court, added to antidiscrimination
statutes to ensure that plaintiffs are able to file charges even if they cannot afford the cost of an Attorney to prosecute a violation.

Back 125

Statutory Attorneys' Fees

Front 126

Employment policies or practices that serve to differentiate the conditions of employment of applicants
or employees because of their status as members of a
particular group. Sometimes called class discrimination or a pattern or practice of discrimination, it concerns a recurring practice or continuing policy that is pervasive throughout the company, rather than an
isolated act of discrimination.

Back 126

Systemic Discrimination

Front 127

A significant change in employment status, such as firing, demotion, and other actions that negatively affect
an employee's benefits.

Back 127

Tangible Employment Action

Front 128

Significant benefits of a job, such as compensation, pay, promotion, time off, and pensions.

Back 128

Tangible Job Benefits

Front 129

A claim of harassment, coercion, or discrimination
against an insured employer by a non-employee, such as a Customer or vendor.

Back 129

Third Party Claim

Front 130

The insurance business cycles over time, and rates,
premiums, and profits alternately rise and fall.

Back 130

Underwriting Cycles

Front 131

To become applicable or exercisable, a term mainly
used in the context of employee stock ownership or
option programs, or other employee benefit programs.

Back 131

Vest

Front 132

A doctrine that provides that a party is held responsible
for the negligence of another based solely on the relationship between the parties, such as employer and
employee or principal and agent.

Back 132

Vicarious Liability

Front 133

Statement of fact made by the Insured that is part of their insurance contract and must be true if the Insurer is to be liable under the contract.

Back 133

Warranty

Front 134

Insurance against liability imposed on certain employers to pay benefits and furnish care to injured employees, and to pay benefits to the dependents of employees killed in the course of their employment.

Back 134

Workers' Compensation Insurance

Front 135

A wrongful act that results in injury or damage and on which a civil action may be based.

Back 135

Workplace Tort