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20 terms

Blaw Chapter 18

STUDY
PLAY
Employment at will
A common law doctrine under which either party may terminate an employment at any time for any reason, unless a contract specifies otherwise
Montana
The only state that does not follow the employment at will doctrine
Whistleblowing
An employee's disclosure to government authorities, upper level managers, or the media that the employer is engaged in unsafe or illegal activities
Wrongful discharge
An employers termination of an employees employment in violation of the law
Walsh healey act
Established that overtime pay at 1.5 times the normal rate....1936
Fair labor standards act
1938... Making labor fair across the board... covered trial labor, minimum wage, overtime
Worker Compensation Laws
State Statutes establishing an administrative procedure for compensating workers for injuries that arise out of-or in the course of- their employment, regardless of fault
Vesting
The Creation of an absolute or unconditional power
Protected class
A group of persons protected by specific laws because of the groups defining characteristics. These characteristics include race, color, religion, national origin, gender, age, and or disability
Employment Discrimination
Treating employees or job applicants unequally on the basis of race, color, nationality, religion, gender, age, or disability; prohibited by the federal government
Disparate-Treatment Discrimination
A form of emploment discrimination that results when an employer intentionally discriminates against employees who are a member of a protected class
Prima Facie Case
A case in which the plaintiff has produced sufficient evidence of his or her claim that the case can go to a jury
Disparate-impact Discrimination
A form of employment discrimination that results from certain employer practices or procedures that, although not discrimanatory on their face, have a discriminatory effect
Constructive Discharge
A termination of employment brought about by making the employee's working conditions so intollerable that the employee reasonably feels compelled to leave
Sexual Harrasment
In the employment context, demands for sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working enviroment
Tangible Employment Action
A significant change in employment status, such as a change brought about by firing or failing to promote an employee to a position with significantly different responsibilities, or effecting a significant change in employment benefits
ADEA of 1967
The Age discrimination act of 1967 prohibits discrimination based on age to anyone over 40 years of age
Business Necessity
A defense to allegations of employment discrimination in which the employer demonstrates that an employment practice that discriminated against members of a protected class is related to job performance
Bona Fide Occupational Qualification
Identifiable characteristics reasonably necessary to the normal operation of a particular business. These characteristics can include gender, national orgin, and religion, but not race
Seniority System
In regard to employment relationships, a system in which those who have worked longest for the employer are the first in line for promotions, salary increases, and other benefits. these individuals are also the last to be laid off in the case of workforce reduction