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62 Cards in this Set

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Generally, 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
independent contractor
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 liability arose
vicarious liability
Under this test, a persuasive indicator of independent-contractor status is the ability to control the manner in which the work is performed
common-law agency test
List of 20 factors to which the IRS looks to determine whether someone is an independent contractor. The IRS compiled this list from the results of judgments of the courts relating to this issue
IRS 20-factor analysis
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
at-will employment
A legal concept intended to ensure that no individual lawfully do that which has a tendency to be injurious to the public or against the public good. It is undermined by anything that harms a sense of individual rights.
Public policy
implied contractual obligation to act in good faith in the fulfillment of each party's contractual duties
covenant of good faith and fair dealing
a contract that is not expressed, but instead is created by other words or conduct of the parties involved
implied contract
money damages given to a party to compensate for direct losses due to an injury suffered
compensatory damages
money damages designed to punish flagrant wrongdoers and to deter them and others from engaging in similar conduct in the future
punitive damages
occurs when the employee is given no reasonable alternative but to terminate the employment relationship; considered an involuntary act on the part of the employee
constructive discharge
an agreement signed by the employee agreeing not to disclose employer's confidential information or enter into competition with the employer for a specified period of time and/or within a specified region
noncompete agreement
the selection of a neutral or third party to consider a dispute and to deliver a binding or nonbinding decision
arbitration
the person who brings an action alleging violation of title VII
claimant or charging party
Title VII requires that certain documents must be maintained and periodically reported to the EEOC
recordkeeping and reporting requirements
State agency that handles EEOC claims on the basis of a work-sharing agreement with the EEOC
706 agency
attempting to reach agreement on a claim through discussion, without resort to litigation
conciliation
person to whom an EEOC claim is directed, usually the employer
respondent or responding party
provisions making it illegal to treat an employee adversely because the employee pursued his or her rights under Title VII
antiretaliation provisions
EEOC finding that basis for illegal discrimination exists
reasonable cause
EEOC finding that no reasonable basis for illegal discrimination exists
no reasonable cause
letter given by EEOC to claimants permitting them to pursue their claim in court
right-to-sue letter
going through the established EEOC administrative procedure before being permitted to seek judicial review of an agency decision
exhaustion of administrative remedies
Employee of EEOC who reviews complaints for merit
EEO investigator
court review of an agency's decision
judicial review
complete new look at administrative case by the reviewing court
de novo review
agreement an employee signs as a condition of employment requiring that any workplace disputes be arbitrated rather than litigated
mandatory arbitration agreements
money awarded for time employee was not working (usually due to termination) because of illegal discrimination
back pay
money awarded for time a claimant would have been in a job had illegal discrimination not occurred to keep him or her out
front pay
seniority that dates back to the time the claimant was treated illegally
retroactive seniority
attempts to put claimant in position he or she would have been in had there been no discrimination
make-whole relief
money awarded to compensate the injured party for direct losses
compensatory damages
money over and above compensatory damages, imposed by court to punish defendant and to act as a deterrent
punitive damages
effect of facially neutral policy is deleterious for Title-VII group
disparate / adverse impact
treating similarly situated employee differently because of prohibited title VII factors
disparate treatment
alleging facts that fit each requirement of a cause of action
prima facie case
permissible discrimination if legally necessary for employer's particular business
bona fide occupational qualification
workplace policy applies equally to all appropriate employees
facially neutral policy
factor used to weed out applicants from the pool of candidates
screening device
minority must do at least 80 percent or 4/5 as well as majority on screening device or presumption of disparate impact arises, and device must then be shown as job related
4/5 rule
defense to a disparate impact case based on the employer's need for the policy as a legitimate requirement for the job
business necessity
intentional inclusion of women and minorities in the workplace based on a finding of their previous exclusion
affirmative action
prohibit a federal contractor from further participation in government contracts
debar
a government contractor's plan containing placement goals for inclusion of women and minorities in the workplace and timetables for accomplishing the goals
affirmative action plan
significantly fewer minorities or women in the workplace than relevant statistics indicate are available
underrepresentation or underutilization
staffing patterns showing organizational units, relationship to each other, and gender, race, and ethnic composition
organizational profile
combines job titles with similar content, wage rates, and opportunities
job group analysis
minorities and women in a geographic area who are qualified for a particular position
availability
percentage of women and/or minorities to be hired to correct underrepresentation based on availability in the geographic area
placement goal
evaluations of mid- and senior- level employee advancement
corporate management compliance evaluation
affirmative action ordered by a court rather than arising from executive order
judicial affirmative action
lawsuit or claim brought by majority member who feels adversely affected by the use of an affirmative action plan benefitting a minority on female
reverse discrimination
government employee is illegallly discriminating against another during performance of his or her duties
under color of state law
employment discrimination based on gender and some other factor such as marital status or children
"gender-plus" discrimination
the assumption that most or all members of a particular gender must act a certain way
gender stereotypes
A title VII action for pay discrimination based on gender, in which jobs held mostly by women are compared with comparable jobs held mostly by men in regard to pay to determine if there is gender discrimination
comparable worth
policies an employer institutes to protect the fetus or the reproductive capacity of employees
fetal protection policies
sexual harassment in which the harasser requests sexual activity from the harassee in exchange for workplace benefits
quid pro quo sexual harassment
sexual harassment in which the harasser creates an abusive, offensive, or intimidating environment for the harassee
hostile environment sexual harassment
harassing activity that is more than an occasional act or is so serious that it is the basis for liability
severe and pervasive activity
viewing the harassing activity from the perspective of a reasonable person in society at large (generally tends to be the male view)
reasonable person standard
viewing the harassing activity from the perspective of a reasonable person experiencing the harassing activity including gender specific sociological, cultural, and other factors
reasonable victim standard