Employment Law II: Independent Contractors v. Employess; "At will" v. Contract Employment; Employment Discrimination; Human Resources Requirements, Benefits and Policies; Severance
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21 terms
Terms | Definitions |
|---|---|
 Disparate Treatment | employer intentionally discriminated through adverse employment action; related retaliation; employer must present evidence of legitimate, non-discrimnatory grounds for decision; employee must prove grounds were only a pretext for intentional discrimination |
| Disparate Impact | employee must show that an employment practice, although neutral on its face, disadvantages a protected group; employer must show that practice is job-related and consistent with business necessity which must relate to job performance |
| Quid Pro Quo Harassment | Actual; employer/supervisor makes submission to sexual conduct a condition for receiving employment benefits; employer retaliates via adverse job action for employee's refusal to respond to sexual advances |
| Absolute liability | always held accountable |
| Hostile Work Environment | threat of retaliation; employee must show frequency of conduct, physically threatening or humiliating nature, and that it unreasonably interferes with employee's work performance |
| Vicarious Liability of Employer | responsible for acts of supervisor/co-worker if employer knew or should have known of harassment and failed to take prompt and reasonable steps to prevent or remedy it; absolute includes acts of customer who harasses employee or other customer |
| Affirmative Defenses | Management took steps to address or prevent harassment |
| Bona Fide Occupation Qualifications | if it applies for a business, allows employer to hire on basis of religion, gender, or national origin; not applicable to race |
| Bona Fide Seniority or Merit Systems | employer can lawfully apply different standards of compensation or terms/conditions of employment |
| Equal Pay Act of 1963 | requires employers to pay women and men equal wages for equal work |
| Age Discrimination in Employment Act (ADEA) | prohibits age discrimination for qualified workers age 40 and older |
| Older Workers' Benefit Protection Act (OWBPA) | prohibits age discrimination in providing employee benefits |
| Americans with Disabilities Act (ADA) | prohibits intentional discrimination against or practices with disparate impact with respect to qualified individuals with "disabilities" as defined by act |
| Disability (according to ADA) | mental or physical impairment that substantially limits 1/more major life activities |
| Family and Medical Leave Act (FMLA) | right of employees to take unpaid leave for family reasons up to 12 weeks per year; reasons include birth of child, care of child/parent/spouse with serious health condition; serious health condition that renders employee unable to do work; urgent need because family member in US Army is deployed |
| Workers' Compensation (WC) | employers required to obtain insurance for income and medical expenses for employees who suffer work-related accident or illnesses |
| No-fault | WC paid regardless of fault of employer or safety of workplace |
| Immigration Reform and Control Act | employers prohibited from knowingly hiring someone not authorized to work in US; business with at least 4 employees can't discriminate on basis of national origin/citizenship |
| Occupational Safety & Health Act (OSHA) | workplace must be free from recognized hazards that cause death or serious harm |
| OSHA Agency | issues standards regarding many workplace issues; may require medical & training records, injury & illness logs; may conduct surprise inspects; may impose fines |
| National Labor Relations Act | protects employees and union members from unfair bargaining practices; requires employers to negotiate with labor unions |
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