COCU 530 Ch. 9 Flashcards
A cause of action an employee may have against an employer for illegal termination of employment
Wrongful discharge
A legal system in which the body of law is derived more from court decisions as opposed to statues or constitutions
Common-law system
A legal doctrine under which an employer may terminate any employee at any time for any reason or for no reason
Employment at will
The minimum qualification, under federal antidiscrimmination laws, that an employee needs in order to be able to perform the duties of a particular job
Bona fide occupational qualification (BFOQ)
A legal basis for an employment discrimination complaint requiring the plaintiff to establish the employer’s practice of intentionally treating individuals differently solely because of their sex, race, color, religion, or national origin
Disparate treatment theory
A legal basis for an employment discrimination complaint requiring he plaintiff to establish that an apparently neutral employment practice or criterion, applied equally to all individuals, operated to exclude a disproportionate number of the protected class
Disparate impact theory
A practice whereby an employer demands or expects sexual favors in exchange for continued employment, workplace advancement, or other job related functions
Quid pro quo sexual harrassment
An environment that exists when an employee is subject to harassment that is so severe or persuasive that it alters the conditions of his or her employment and creates an abusive working environment
Hostile work environment
A written plan that the federal government requires of employers with federal contracts, detailing how employer will meet hiring goals for the group the law protects from discrimmination
Affirmative action plan
A process by which employees, represented collectively by a union, negotiate (bargain) with the employer on a labor contract dealing with wages, hours, and working conditions
Collective bargaining
An alternative dispute resolution (ADR) method by which disputing parties use a neutral outside party to examine the issues and develop a settlement, which can be final and binding
Arbitration
An act passed by congress in 1970 to ensure every employee a safe place to work by setting safety standards for employees and imposing penalties for violation of the standards
Occupational Safety and Health Act of 1970 (OSH Act)
An employee who is paid by the hour and receives hourly overtime pay
Nonexempt employee
An employee who is paid a salary and who does not receive overtime pay
Exempt employee
A court act of imposing personal liability on corporate officers, directors, and stockholders for the corporations wrongful acts
Pierce the corporate veil