D352 Flashcards
Disparate Treatment
A form of discrimination where an employee is treated differently based on a protected characteristic (race, gender, age, etc.).
Precedents
Court decisions from prior cases that establish legal standards and guide future rulings.
Implied Contract
A legally binding agreement formed through actions, behavior, or circumstances, rather than a written contract.
Employment At Will
An employment relationship in which either party can terminate the relationship at any time, for any legal reason, without warning.
Union (Bargaining Unit)
A group of employees with a common interest, represented by a union in negotiations with the employer.
Labor Management Relations Act (LMRA) (Taft-Hartley Act)
- A law that restricts union activities
- Prohibits unfair labor practices
- Allows the federal government to intervene in strikes.
What does the Labor-Management Reporting and Disclosure Act (LMRDA) do?
- Regulates internal union affairs
- Ensuring fair elections
- Protects members’ rights.
Various Bargaining Subjects (Mandatory)
Wages, hours, and other terms of employment.
Various Bargaining Subjects (Permissive)
Issues parties may negotiate (e.g., use of technology).
Various Bargaining Subjects (Illegal)
Terms that violate the law, like discriminatory hiring practices.
Lockout
Employer prevents workers from entering the workplace during a labor dispute.
Strike
Workers refuse to work to pressure the employer during negotiations.
Drug Testing (Public Employees)
Generally protected from random drug testing under the 4th Amendment, unless in safety-sensitive jobs.
Drug Testing (Federal Employees)
Subject to drug testing, especially in sensitive positions.
FMLA (Family and Medical Leave Act)
Provides eligible employees with up to 12 weeks of unpaid, job-protected leave for family and medical reasons.
Affirmative Action
Policies that aim to increase opportunities for historically underrepresented groups in education or employment.
Age Discrimination (ADEA)
Prohibits discrimination against employees 40 and older.
Reverse Discrimination
Discrimination against majority group members based on affirmative action policies.
Bona Fide Occupational Qualification (BFOQ)
Allows employers to hire based on specific characteristics if they are essential to the job (e.g., hiring only women for a women’s locker room).
FCRA (Fair Credit Reporting Act)
Governs how employers use consumer reports for employment purposes, requiring disclosure and consent from employees.
Privacy Act of 1974
Governs the collection, use, and dissemination of personal information by federal agencies.
Quid Pro Quo
A type of workplace sexual harassment where job benefits are conditioned on sexual favors.
Integrated Enterprise
When two or more businesses are so interconnected that they are treated as a single employer under employment law.
Respondeat Superior
Legal doctrine holding employers responsible for the actions of their employees performed within the scope of employment.
Four-Fifths Rule
A guideline to measure discrimination in hiring. If the selection rate for a protected group is less than 80%, it may indicate adverse impact.
Pregnancy Discrimination Act
Prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
IRCA (Immigration Reform and Control Act)
Prohibits hiring unauthorized workers.
I-9
Form employers must complete to verify employees’ work eligibility.
E-Verify
Online system that confirms work eligibility based on I-9 information.
ADA (Americans with Disabilities Act)
Prohibits discrimination against individuals with disabilities and requires reasonable accommodations in the workplace.
Civil Rights Act / Title VII
Prohibits employment discrimination based on race, color, religion, sex, or national origin.
