4 - Workplace Flashcards
ADA Amendments Act
(ADAAA)
Amendments to U.S. Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules to guide the analysis of what constitutes a disability.
Adverse impact
Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as disparate impact.
Age Discrimination in Employment Act
(ADEA)
U.S. act that prohibits discrimination in the workplace on the basis of age.
Amendment
Modification of the U.S. Constitution or a U.S. law.
Americans with Disabilities Act
(ADA)
U.S. act that prohibits discrimination against a qualified individual with a disability because of his/her disability.
Annualized loss expectancy
(ALE)
Expected monetary loss for an asset due to a risk over a one-year period; calculated by multiplying single loss expectancy by annualized rate of occurrence.
Assignees
Employees who work outside their home countries.
Bill
Proposal presented to a legislative body for possible enactment as a statute.
Bona Fide Occupational Qualification
(BFOQ)
Factor (such as religion, gender, national origin, etc.) that is reasonably necessary, in the normal operations of an organization, to carry out a particular job function.
Burlington Industries, Inc. v. Ellerth
U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Civil Rights Act of 1964
First comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.
Civil Rights Act of 1991
U.S. act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.
Comparable worth
Concept that jobs filled primarily by women that require skills, effort, responsibility, and working conditions comparable to similar jobs filled primarily by men should have the same classifications and salaries
Compliance
State of being in accordance with all national, federal, regional, and/or local laws, regulations, and/or other government authority requirements applicable to the places in which an organization operates.
Conflict of interest
Situation in which a person or organization may benefit from undue influence due to involvement in outside activities, relationships, or investments that conflict with or have an impact on the employment relationship or its outcomes
Consolidated Omnibus Budget Reconciliation Act
(COBRA)
U.S. act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage.
Contingency plan
Protocol that an organization implements when an identified risk event occurs.
Corporate Social Responsibility
(CSR)
Varying ways an organization can create value, looking beyond traditional profit measures of revenue and expenses; includes such areas as philanthropy, volunteerism, corporate-sponsored community programs, social change, sustainability, corporate governance, employee rights, and workplace safety
Covering
Defensive behavior that occurs when an organization recruits a diverse workforce but, consciously or otherwise, promotes assimilation rather than inclusion.
Disability
Physical or mental impairment that substantially limits one’s major life activities.
Disparate impact
Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as adverse impact.
Disparate treatment
Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.
Diversity
Differences in people’s characteristics (such as socioeconomic status, beliefs, personality, thought processes, work style, race, age, ethnicity, gender, religion, education, job function, etc.).
Diversity council
Task force created to define a diversity and inclusion initiative and guide the development and implementation process
Drug-Free Workplace Act
U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify that they are maintaining a drug-free workplace.
Duty of care
Principle that organizations should take all steps that are reasonably possible to ensure the health, safety, and well-being of employees and protect them from foreseeable injury.
Employee Polygraph Protection Act
(EPPA)
U.S. act that prevents private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment, with certain exemptions.
Employee resource group
(ERG)
Voluntary group for employees who share a particular diversity dimension (race, religion, ethnicity, sexual orientation, etc.); also known as affinity group or network group.
Employee Retirement Income Security Act
(ERISA)
U.S. act that established uniform minimum standards to ensure that employee benefit and pension plans are set up and maintained in a fair and financially sound manner.
Employees
Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Standards Act regulations as determined by the IRS
Employment practices liability insurance
(EPLI)
Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated.
Equal Employment Opportunity Act
U.S act that amended Title VII and gave the Equal Employment Opportunity Commission authority to “back up” its administrative findings and conduct its own enforcement litigation.
Equal Pay Act
(EPA)
U.S. act that prohibits wage discrimination by requiring equal pay for equal or “substantially equal” work performed by men and women.
Essential functions
Primary job duties that a qualified individual must be able to perform, either with or without accommodation.
Ethics
Set of behavioral guidelines that an organization expects all of its directors, managers, and employees to follow to ensure appropriate moral and ethical business standards.
Exempt employees
Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements.
Fair and Accurate Credit Transactions Act
(FACT Act)
U.S act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the Fair Credit Reporting Act in certain cases.
Fair Credit Reporting Act
(FCRA)
U.S act that protects privacy of background information and ensures that information supplied is accurate.
Fair Labor Standards Act
(FLSA)
U.S act that establishes minimum wage, overtime pay, youth employment, and recordkeeping standards affecting full- and part-time workers in the private sector and in federal, state, and local governments.
Family and Medical Leave Act
(FMLA)
U.S act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee.
Faragher v. City of Boca Raton
U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Gender identity
Refers to one’s internal, personal sense of being a man or a woman (or boy or girl), which may or may not be the same as one’s sexual assignment at birth.
General Duty Clause
Statement in U.S. Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work environment.
Genetic Information Nondiscrimination Act
(GINA)
U.S act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance.
Global integration (GI)
Globalization strategy that emphasizes consistency of approach, standardization of processes, and a common corporate culture across global operations.
Globalization
Status of growing interconnectedness and interdependency among countries, people, markets, and organizations worldwide.
“Glocalization”
Characteristic of an organization with a strong global image but an equally strong local identity.
Governance
System of rules and processes set up by an organization to ensure its compliance with local and international laws, accounting rules, ethical norms, internal codes of conduct, and other standards.
Griggs v. Duke Power
U.S. case that set the standard for determining whether discrimination based on disparate impact exists.
Hostile environment harassment
Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual’s performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee’s psychological well-being.
Identity alignment
Extent to which diversity is embraced in management of people, products/services, and branding.
Immigration Reform and Control Act
(IRCA)
U.S. act that prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers.
Inclusion
Extent to which each person in an organization feels welcomed, respected, supported, and valued as a team member.
Independent contractors
Self-employed individuals hired on a contract basis for specialized services.
Key risk indicators
(KRIs)
Metrics that provide an early signal of increasing risk exposures for an enterprise.
Labor Management Reporting and Disclosure Act
(LMRDA)
U.S. act that imposed regulations on internal union affairs and the relationship between union officials and union members.
Labor-Management Relations Act
(LMRA)
U.S. act that imposed several restrictions and requirements on unions.
Lechmere, Inc. v. NLRB
1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.
Ledbetter v. Goodyear Tire and Rubber Company
2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame
Lilly Ledbetter Fair Pay Act
U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.
Local responsiveness (LR)
Globalization strategy that emphasizes adapting to the needs of local markets and allows subsidiaries to develop unique products, structures, and systems.
Moral hazard
Situation in which one party engages in risky behavior knowing that it is protected against the risk because another party will incur any resulting loss.
Multinational Enterprises
(MNEs)
Organizations that own or control production or service facilities in one or more countries other than the home country.
National Defense Authorization Acts
(NDAA)
U.S. acts that expanded FMLA leave for employees with family members who are covered members of the military.
National Federation of Independent Business v. Sebelius
U.S. Supreme Court ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirement that states expand Medicaid was not.
National Labor Relations Act
(NLRA)
U.S. act that protected and encouraged the growth of the union movement; established workers’ rights to organize and bargain collectively with employers
National Origin
Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth.
Near-shoring
Practice of contracting a part of business processes or production to an external company in a country that is relatively close (e.g., within the same own region).
NLRB v. Weingarten
Landmark 1975 U.S. labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews.
Nonexempt employees
Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements.
Occupational illness
Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.
Occupational injury
Injury that results from a work-related accident or exposure involving a single incident in the work environment.
Occupational Safety and Health (OSH) Act
U.S. act that established the first national policy for workplace safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees
Offshoring
Method by which an organization relocates its processes or production to an international location through subsidiaries or third-party affiliates.
Older Workers Benefit Protection Act
(OWBPA)
U.S. act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided standards that an employee’s waiver of the right to sue for age discrimination must meet in order to be upheld by a court.
Onshoring
Relocation of business processes or production to a lower-cost location inside the same country as the business.
Outsourcing
Process by which an organization contracts with third-party vendors to provide selected services/ activities instead of hiring new employees.
Overtime pay
Required for nonexempt workers under U.S. Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a workweek
Patient Protection and Affordable Care Act
(PPACA)
2010 U.S. law that requires virtually all citizens and legal residents to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a penalty.
Phillips v. Martin Marietta Corporation
1971 U.S. case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children.
Portal-to-Portal Act
U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.
Pregnancy Discrimination Act
U.S. act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions
Principal-agent problem
Situation in which an agent (e.g., an employee) makes decisions for a principal (e.g., an employer) potentially on the basis of personal incentives that may not be aligned with the principal’s incentives.
Process alignment
Extent to which underlying operations such as IT, finance, or HR integrate across locations.
Protected class
People who are covered under a particular federal or state antidiscrimination law.
Prudent person rule
States that a fiduciary of a plan covered by the U.S. Employee Retirement Income Security Act has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable, prudent investor would under similar circumstances.
Public comment period
Time allowed for the public to express its views and concerns regarding an action of an administrative agency
Quid pro quo harassment
Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior’s sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment
Reasonable accommodation
Modifying job application process, work environment, or circumstances under which job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions.
Redeployment
Process by which an organization moves an employee out of an international assignment; can involve moving back to the home country, moving to a different global location, or moving to a new location or position in the current host country.
Regulation
Rules or orders issued by an administrative agency of government that usually have the force of law.
Repatriation
Process by which employees returning from international assignments reintegrate into their home country’s culture, conditions, and employment.
Residual risk
Amount of uncertainty that remains after all risk management efforts have been exhausted.
Reverse innovation
Innovations created for or by emerging-economy markets and then imported to developed-economy markets.
Risk
Uncertainty that has an effect on an objective, where outcomes may include opportunities, losses, and threats.
Risk appetite
Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals.
Risk control
Action taken to manage a risk.
Risk management
System for identifying, evaluating, and controlling actual and potential risks to an organization.
Risk position
An organization’s desired gain or acceptable loss in value.
Risk scorecard
Tool used to gather individual assessments of various characteristics of risk (e.g., frequency of occurrence; degree of impact, loss, or gain for the organization; degree of efficacy of current controls).
Risk tolerance
Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals.
Sarbanes-Oxley Act
(SOX)
U.S. act that requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud.
Sexual orientation
Sexual, romantic, or emotional/spiritual attraction that one feels for persons of the opposite sex or gender, the same sex or gender, or both sexes and more than one gender.
Single loss expectancy
(SLE)
Expected monetary loss every time a risk occurs; calculated by multiplying asset value by exposure factor.
Sustainability
Practice of purchasing and using resources wisely by balancing economic, social, and environmental concerns, with the goal of securing the interests of present and future generations
Triple bottom line
Economic, social, and environmental impact metrics used to determine an organization’s success.
Uniform Guidelines on Employee Selection Procedures
Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination.
Uniformed Services Employment and Reemployment Rights Act
(USERRA)
U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.
Vesting
Process by which a retirement benefit becomes nonforfeitable.
Veto
Action of rejecting a bill or statute.
Vicarious liability
Legal doctrine under which a party can be held liable for the wrongful actions of another party.
Weingarten rights
Union employees’ right in U.S. to have a union representative or coworker present during an investigatory interview.
Whistleblowing
Reporting of an organization’s violations of policies and processes by employees.
Worker Adjustment and Retraining Notification (WARN) Act
U.S. act that requires some employers to give a minimum of 60 days’ notice if a plant is to close or if mass layoffs will occur.
Workweek
Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours).
