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47 Cards in this Set

  • Front
  • Back

Adjudicatory

Page 590 decision-making power

Affirmative action

The term reverse discrimination refers to claims by whites that they've been subjected to adverse employment decisions because of their race. Affirmative action plans and resulting allegations of reverse discrimination are very controversial. 2 interest class here.

Age discrimination in Employment Act

Comes into play age 40 to 70

Americans with Disabilities Act of 1990

Protect disabled workers from employment discrimination. Disabilities are defined as physical or mental impairment that substantially limit one or more major life activity

Bona fide occupational qualifications

Someone has to have the Bonafide qualifications for job discrimination and a rule of disparity that the Supreme Court recognizes is within two standard deviations from the mean would create discrimination in employment

Boycotts

Concerted refusals to deal with firms so as to disrupt there business

Picketing

Demonstrations near E-Business to publicize a labor dispute and to encourage the public to refuse to do business with the employer

Peaceful strikes

Organized refusal to work

Taft-hartley Act

Prohibits unfair labor practices by unions separates in El Arby's functions and Powers course to Grant various civil and criminal remedies creates the Federal let's go to mediation and conciliation service

Wagner Act of 1935

The Wagner Act also called The National Labor Relations Act allows employees to organize and to engage in collective bargaining prohibit specific employer unfair labor practices establishes and National Labor regulations board

Wildcat strikes

Unauthorized withholdings of service or labor during the term of a contract

Taft-hartley Act also known as Labor Management Relations Act of 1947

Prohibits unfair labor practices by Union separates the nlrb's functions and Powers courts to Grant various civil and criminal remedies creates the federal mediation and conciliation service

Landrum Griffin Act otherwise known as Labor Management reporting and disclosure Act of 1959

Requires extensive reporting of unions financial affairs allow civil and criminal sanctions for Union Officers Financial wrongdoings mandates Democratic procedure in the conduct of Union elections and meetings

Norris LaGuardia Act otherwise known as the labor disputes Act

Protect certain activities from federal court actions activities protected including peaceful refusal to work boycotts and picketing it also promotes collective bargaining

Consumer Price Index

Cost of living escalators tied to the Consumer Price Index which is the measurement of how the price of a group of consumer goods changes between two time periods May raise benefits

Covert discrimination

National origin discrimination often takes the form of covert discrimination. If an employer fails to hire a worker on the basis of the applicants language difficulties or accents the employer must prove that the criteria are job-related an example would be English speaking only rules

Disparate treatment

Employers Also may be liable for the disparity treatment of their employees. Such cases may involve an employer who only considers women for clerical positions only considered men for positions on an assembly line or only considers white males for managerial positions.

Dual capacity Doctrine

Workers compensation statutes presumably do not cover corporate directors, officers, or stockholders. You under the dual capacity doctor in such persons can receive compensation if they are performing The Ordinary duties of the business when they suffer

Equal employment opportunities Commission

Title 7 authorized creation of equal employment opportunity commission a bipartisan 5 member panel appointed by the president to enforce the various equal employment opportunity statue

Ethnic slurs

Repeated jokes and other derogatory statements directed at once as Nick Origins May constitute national origin discrimination

Family and Medical Leave Act of 1993

Mandates that eligible employees receive up to 12 weeks of leave during any 12-month period for certain family or medical related events

Featherbedding

Requiring employees pay for services not actually performed by an employee

Good faith bargaining

Banned by the taft-hartley Act was the refusal to bargain in good faith which is to bargain with good intentions on a c ethical Behavior

Recognition of picketing

Picketing in which a union attempts to Forest recognition of a different Union from the certified bargaining representative it also allows and its Collective activities

Unfair labor practices

As the guidelines and the taft-hartley ACT unfair labor practices by unions include engaging and secondary boycott for sampler to discriminate against employees on the basis of their Union affiliation or lack thereof refusing to bargain in good faith featherbedding recognition or picketing

Secondary boycott

Boycotts at employers customers or suppliers in attempt to influence the employer

Federal Insurance contribution Act

FICA taxes are paid by both employees and employers on wages earned by workers. FICA taxes fun Social Security and Medicare

Federal mediation and conciliation service

The taft-hartley ACT also created a federal mediation and conciliation service for settling disputes between labor and management. It requires a cooling off period In certain situations before strikes can occur. It also preserves the power of States under their right to work laws to invalidate other Union devices designed to consolidate the unions hold on workers. Right to work laws are discussed in the chapter

Fully insured worker

Is one who has worked at least 40 quarters 10 years

Group Health Insurance

One common and popular employee benefit is group health insurance the premiums are generally significantly less than the cost of purchasing Health Care insurance as an individual

Health care and education reconciliation Act

President Obama signed the patient protection and affordable Care Act and health care and education reconciliation act these acts are important to business and their employees because they encourage more businesses to offer health insurance to their workers. Small businesses receive tax credits to make health care more affordable.

Pot cargo clause

Clothes that require the employer to cease doing business with non-union companies

Informational picketing

Taft-hartley act preserved employees right to engage and peaceful informational picketing

Key employees

The FMLA allows an employer to refuse to reinstate key employees of the employer can show that substantial and Grievous economic injury would occur if the key employees were restored to their original positions

Medicare

Federal Social Security Act first enacted in 1935 created retirement benefits for workers since then Social Security benefits is extended to work or spouse and minor children and severely disabled workers

Patient protection and Affordable Care Act

Passed by Obama along with the Affordable Care Act and health care and education reconciliation Act

Pretext

Is a false or weak motive used to hide the real or strong motive

Quid pro quo

Title 7 quid pro quo in which a supervisor request sexual favors in exchange for employment benefits or opportunities and hostile workplace sexual harassment was June Vols missed conduct that creates and intimidating hostile or offensive workplace for the victim

Race norming

Employers are unable to modify scores use different cutoff scores or otherwise it just a result of employment-related test on the basis of Color Race religion sex or national origin

Reasonable accommodations

Title 1 prohibits employment discrimination the adaa requires the employer to provide reasonable accommodations to the known physical or mental limitations of a person with a disability unless such accommodations would impose an undue hardship on the operation of the business

Recognized hazards

May cause or likely to cause death or serious physical injury harm to employees

Right to work law

A statute that prohibits requiring union membership as a condition for employment in other words a state can prohibit Union agreements between unions and management

Serious Healthcare condition

One that requires even overnight stay at a hospital a period of incapacity requiring an absence from work for more than 3 days that involves continuous treatment by a healthcare provider continuing chronic treatment for long-term health condition if left untreated like we will result in a period of incapacity for more than 3 days

Sex plus cases

The employer as a selection criteria for women that is not added for men such as women with preschool-age children are not hired but men who are children are

Strict liability

Workers compensation laws impose strict liability on the employer for injuries two employees during the scope of their employment

Tangible employment action

Is a significant change in employment status such as hiring firing failing to promote reassignment with significant Lee different responsibilities or a decision causing significant change and benefits

Union shop clauses

Require an employee to join a union after being hired are illegal