Chapter 10 Workplace Legalities Flashcards
Employment at will
a concept of employment whereby either the employer or the employee can end the employment at any time, for any reason
just cause
an employers legal reason for firing an employee
wrongful discharge
a concept established by precedent that says an employer risks litigation if he or she does not have just caused for firing an employee
public policy
the common law concept of wrongful discharge when an employee has acted for the common good
discrimination
prejudiced or prejudicial outlook action or treatment
protection from discrimination
- belonging to particular race or religion, being male or female or having a particular age or disability
- joining a union or engaging in political activity
- preventing the collection of retirement benefits
- reporting company safety violations
- exercising the right to free speech - refusing to take a drug or lie detector test
quid pro quo
latin word meaning something for something
Title VII of the civil rights act
makes sexual discrimination illegal and sexual harassment is considered a form of sexual discrimination
wagner act of 1935
an act that makes it illegal to discriminate in hiring or firing because of union membership or organizational activities
Title VII of the civil rights act of 1964
the law prevents employers from discriminating in hiring or firing on the basis of race, color, religion, sex, or national origin.
Affirmative action
programs that use goals and quotas to provide preferential treatment for minority persons determined to have been underutilized in the past
Rehabilitation Act of 1973
act applies to employers with federal contracts of $2,500 or more. Prohibits discrimination in employment practices based on physical disabilities or mental health
1976 Pregnancy Discrimination Act
Amendment to title VII of the Civil Rights Act that makes it illegal to fire an employee based on pregnancy, childbirth, or related medical conditions.
Titles I and V of the Americans with Disabilities Act of 1990
This act applies to all employers with 15 or more employees working at least 20 weeks during the year. Titles I and III of the act ban discrimination against persons with disabilities in the workplace, mandate equal access for workers who are disabled to certain public facilities, and require all commercial firms to make existing facilities and grounds more accessible to persons with disabilities.
Civil Rights Act
act provided to new important benefits for employees may collect punitive damages, employees may collect damages for emotional distress associated with incidents of discrimination
Genetic Information Nondiscrimination of Act of 2008
The act prohibits discrimination in health insurance and employment based on genetic information.
Lilly Ledbetter Fair Pay Act of 2009
It revised sections of the Civil Rights Act of 1964 that are concerned with statures of limitation trigger dates, extending the class of plaintiffs to any individual who is affected by unlawful discrimination and recovery of back pay
1935 Social Security Act
Funded by the federal insurance contribution act (FICA) the act now encompasses old age and survivors insurance (OASI)
1938 Fair Labor Standards Act
prohibits child labor and the firing of employees for exercising their rights under the acts wage and hour standards. Provides for overtime pay and a minimum wage.
Equal Pay Act of 1963
Amendment to fair labor standards act, this act requires equal pay for men and women doing equal work.
Employee Retirement Income Security Act (ERISA) of 1974
Act regulates private pension funds and employer benefits program
Occupational Safety and Helath Act of 1970
Established by the OCcupational Safety and Helath Act of 1970. This act ensures the safety of workers and prohibits firing an employee for reporting workplace safety hazards or violation
Family Medical Leave Act (FMLA) of 1991
act applies to employers with 50 or more employees. allows employees to take unpaid leave time for maternity, for adoption, or caring for ill family members
right to know laws
state laws that allow employees access to information about toxic or hazardous substances, employer duties, employee rights, and other workplace health and safety issues
Hazard Communication Standard (HCS)
an OSHA standard intended to increase health care practitioners’ awareness or risks, improve work practices and appropriate use of personal protective equipment, and reduce injuries and illnesses in the workplace
General Duty Clause
A section of the Hazard Communication Standard stating that any equipment that may pose a health risk must be specified as a hazard
Chemical Hygiene Plan
the standard for Occupational Exposures to Hazardous Chemicals in Laboratories, which clarifies the handling to hazardous chemicals in medical laboratories
Bloodborne Pathogen standard
this standard can levy fines for violations leading to employee exposure to bloodborne pathogens based on guideline issued by the CDC.
Occupational Exposure to Bloodborne Pathogen Standard
An OSHA regulation designed to protect health care workers from the risk of exposure to bloodborne pathogens
Medical Waste Tracking Act
the federal law that authorizes OSHA to inspect hazardous medical wastes and to cite offices for unsafe or unhealthy practices regarding these wastes
Clinical Laboratory Improvement Act (CLIA)
Federal statute passed in 1988 that established minimum quality standards for all laboratory testing
Workers’ compensation
a form of insurance established by federal and state statutes that provides reimbursement for workers who are injured on the job
Reasons for denial of employment benefits
- quit their jobs without cause
- they were fired for misconduct
- they are unemployed because of labor dispute.
surety bond
a type of insurance that allows employers, if covered, to collect up to the specified amount of the bond if an employee embezzles or otherwise absconds with business funds
