Chapter 10 Workplace Legalities

Question 1

Employment at will

Answer 1

a concept of employment whereby either the employer or the employee can end the employment at any time, for any reason

Question 2

just cause

Answer 2

an employers legal reason for firing an employee

Question 3

wrongful discharge

Answer 3

a concept established by precedent that says an employer risks litigation if he or she does not have just caused for firing an employee

Question 4

public policy

Answer 4

the common law concept of wrongful discharge when an employee has acted for the common good

Question 5

discrimination

Answer 5

prejudiced or prejudicial outlook action or treatment

Question 6

protection from discrimination

Answer 6

• 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

Question 7

quid pro quo

Answer 7

latin word meaning something for something

Question 8

Title VII of the civil rights act

Answer 8

makes sexual discrimination illegal and sexual harassment is considered a form of sexual discrimination

Question 9

wagner act of 1935

Answer 9

an act that makes it illegal to discriminate in hiring or firing because of union membership or organizational activities

Question 10

Title VII of the civil rights act of 1964

Answer 10

the law prevents employers from discriminating in hiring or firing on the basis of race, color, religion, sex, or national origin.

Question 10

Affirmative action

Answer 10

programs that use goals and quotas to provide preferential treatment for minority persons determined to have been underutilized in the past

Question 11

Rehabilitation Act of 1973

Answer 11

act applies to employers with federal contracts of $2,500 or more. Prohibits discrimination in employment practices based on physical disabilities or mental health

Question 12

1976 Pregnancy Discrimination Act

Answer 12

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.

Question 13

Titles I and V of the Americans with Disabilities Act of 1990

Answer 13

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.

Question 14

Civil Rights Act

Answer 14

act provided to new important benefits for employees may collect punitive damages, employees may collect damages for emotional distress associated with incidents of discrimination

Question 15

Genetic Information Nondiscrimination of Act of 2008

Answer 15

The act prohibits discrimination in health insurance and employment based on genetic information.

Question 16

Lilly Ledbetter Fair Pay Act of 2009

Answer 16

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

Question 17

1935 Social Security Act

Answer 17

Funded by the federal insurance contribution act (FICA) the act now encompasses old age and survivors insurance (OASI)

Question 18

1938 Fair Labor Standards Act

Answer 18

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.

Question 19

Equal Pay Act of 1963

Answer 19

Amendment to fair labor standards act, this act requires equal pay for men and women doing equal work.

Question 20

Employee Retirement Income Security Act (ERISA) of 1974

Answer 20

Act regulates private pension funds and employer benefits program

Question 21

Occupational Safety and Helath Act of 1970

Answer 21

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

Question 22

Family Medical Leave Act (FMLA) of 1991

Answer 22

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

Question 23

right to know laws

Answer 23

state laws that allow employees access to information about toxic or hazardous substances, employer duties, employee rights, and other workplace health and safety issues

Question 24

Hazard Communication Standard (HCS)

Answer 24

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

Question 25

General Duty Clause

Answer 25

A section of the Hazard Communication Standard stating that any equipment that may pose a health risk must be specified as a hazard

Question 26

Chemical Hygiene Plan

Answer 26

the standard for Occupational Exposures to Hazardous Chemicals in Laboratories, which clarifies the handling to hazardous chemicals in medical laboratories

Question 27

Bloodborne Pathogen standard

Answer 27

this standard can levy fines for violations leading to employee exposure to bloodborne pathogens based on guideline issued by the CDC.

Question 28

Occupational Exposure to Bloodborne Pathogen Standard

Answer 28

An OSHA regulation designed to protect health care workers from the risk of exposure to bloodborne pathogens

Question 29

Medical Waste Tracking Act

Answer 29

the federal law that authorizes OSHA to inspect hazardous medical wastes and to cite offices for unsafe or unhealthy practices regarding these wastes

Question 30

Clinical Laboratory Improvement Act (CLIA)

Answer 30

Federal statute passed in 1988 that established minimum quality standards for all laboratory testing

Question 31

Workers’ compensation

Answer 31

a form of insurance established by federal and state statutes that provides reimbursement for workers who are injured on the job

Question 32

Reasons for denial of employment benefits

Answer 32

• quit their jobs without cause
• they were fired for misconduct
• they are unemployed because of labor dispute.

Question 33

surety bond

Answer 33

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