Workplace Flashcards
Adverse impact
Type of discrimination that results when a neutral policy has a discriminatory effect (disparate impact)
Civil Rights Act of 1964
First comprehensive US law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin
Disability
Physical or mental impairment that substantially limits one’s major life activities
ADA Amendments Act (ADAAA)
Amendment to US Americans with Disabilities Act covering the definition of individuals regarded as have a disability, mitigating measures, and other rules of construction to guide the analysis of what constitutes a disability
Burlington Industries, Inc. v. Ellerth
US court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not
Corporate social responsibility (CSR)
Concept that a corporation has an impact on the lives of its stakeholders and the environment, encompassing such areas as corporate governance, philanthropy, sustainability, employee rights, social change, volunteerism, corporate sponsored community programs, and workplace safety
Amendment
Modification of the US Constitution or a US law
Code of conduct
Principles of conduct within an organization that guide decision making and behavior (code of ethics)
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
Age Discrimination in Employment Act (ADEA)
US act that prohibits discrimination in the workplace on the basis of age
Civil Rights Act of 1991
US 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
Disparate impact
Type of discrimination that results when a neutral policy has a discriminatory effect (adverse impact)
Bill
A proposal presented to a legislative body for possible enactment as a statue
Contingency plan
Protocol that an organization implements when an identified risk event occurs
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 then from foreseeable injury
Assignees
Employees who work outside their home countries
Consolidated Omnibus Budget Reconciliation Act (COBRA)
US act that provides individuals and dependents who may lose health care coverage with opportunity to pay to continue coverage
Drug-Free Workplace Act
US law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify they are maintaining a drug free workplace
Annualized loss expectancy (ALE)
Expected monetary loss for an asset due to a risk over one year period; calculated by multiplying single loss expectancy by annualized rate of occurrence
Compliance
State of being in accordance with all national, federal, regional, and/or local laws, regulations, and/or other government authorities and requirements applicable to the laces in which an organization operates
Diversity council
Task force created to define a diversity and inclusion initiative and guide the development and implementation process
Americans with Disabilities Act (ADA)
US act that prohibits discrimination against a qualified individual with a disability because of his/her disability
Comparable worth
Concept that jobs filled primarily women that require skills, effort, responsibility, and working conditions comparable to similar jobs filled primarily by men should have the same classification and salaries
Diversity
Differences in people’s characteristics
Employee resource group (ERG)
Voluntary group for employees who share a particular diversity dimension; also known as aiffinity group or network group
Fair and Accurate Credit Transitions Act (FACT Act)
US act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements for the Fair Credit Reporting Act in certain cases
Genetic Information Nondiscrimination Act (GINA)
US act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance
Employee Polygraph Protection Act (EPPA)
US 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
Exempt employees
Employees who are excluded from US Fair Labor Standard Act minimum wage and overtime pay requirements
General Duty Clause
Statement in US Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work environment
Employees
Individuals who exchange work for wages or salary; in the US workers who are covered by Fair Labor Standards Act regulations as determined by the IRS
Fair Labor Standard Act (FLSA)
US act that establishes minimum wage, overtime pay, youth employment, and record keeping standards affecting full time and part time workers in the private sector and in federal, state, and local governments
Global remittances
Monies sent back home by migrants working in foreign countries
Employee Retirement Income Securities Act (ERISA)
US 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
Fair Credit Reporting Act (FCRA)
US act that protects privacy of background information and ensures that information supplied is accurate
Global integration (GI) strategy
Globalization strategy that emphasizes consistency of approach, standardization of processes, and a common corporate culture across global operations
Ethics
Set of behavioral guidelines that an organization expects all of its directors, managers, and employees to follow, in order to ensure appropriate moral and ethical business standards
Gender identity
Refers to one’s internal, personal sense of being a man or woman (or boy or girl) which may or may not be the same as one’s sexual assignment at birth
Griggs v. Duke Power
US case that set the standard for determining whether discrimination based on disparate impact exists
Equal Pay Act (EPA)
US act that prohibits wage discrimination by requiring equal pay for equal or substantially equal work
Gender
Refers to the socially constructed system that associates masculinity or femininity with certain roles, behaviors, activities, and attributes
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
Equal Employment Opportunity Act
US act that amended Title VII and gave the Equal Employment Opportunity Commission authority to implement its administrative findings and conduct its own enforcement litigation
Faragher v. City of Boca Raton
US court ruling that distinguished between supervisor harassment and that results in tangible employment action and supervisor harassment that does not
Glocalization
Characteristic of an organization with a strong global image but an equally strong local identity
Employment practices liability insurance (EPLI)
Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates aligning that their legal rights in the employment relationship have been violated
Family and Medical Leave Act (FMLA)
US act that provides employees with up to 12 weeks unpaid leave to care for family members or because of a serious health condition of the employee
Globalization
Status of growing interconnectedness and interdependency among countries, people, markets, and organization worldwide
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
Ledbetter v. Goodyear Tire & Rubber Co
2007 case in which the US Supreme Court rules 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
National origin
Refers to the country of one’s birth or of one’s birth or of one’s ancestors’ birth
Hazard
Potential harm, often associated with a condition or activity that, if left uncontrolled, can result in injury or damage to persons or property
Lechmere, Inc v. NLRB
1992 case in which the US Supreme Court rules that an employer cannot be compelled to allow nonemployee organizers onto the business property
National Labor Relations Act (NLRA)
US act that protects and encourages the growth of the union movement; established workers’ rights to organize and bargain collectively with employers
Immigration Reform and Control Act (IRCA)
US act that prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers
Local responsiveness (LR) strategy
Globalization strategy that emphasizes adapting to the needs of local markets and allows subsidiaries to develop unique products, structures, and systems
NLRB v. Weingarten
Landmark 1975 US labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews
Identity alignment
Extent to which diversity is embraced in management of people, products/services and branding
Lilly Ledbetter Fair Pay Act
US act that creates a rolling time frame for filling wage discrimination claims and expands plaintiff field beyond employee who was discriminated against
Near-shoring
Practice of contracting a part of business processes or production to an external company in a country that is relatively close
Labor Management Reporting and Disclosure Act (LMRDA)
US act that imposed regulations on internal union affairs and the relationship between union officials and union members
National Federation of Independent Business v. Sebelius
US Supreme Court ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirements that states expand Medicaid was not
Occupational Safety and Health (OSH) Act
US act that established the first national policy for safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees
Labor Management Relations Act (LMRA)
US act that imposed several restrictions and requirements on unions
National Defense Authorization Acts (NDAA)
US acts that expanded FMLA leave for employees with family members who are covered members of the military
Occupational injury
Injury that results from work related accident or exposure involving a single incident in the work environment
Key risk indicators (KRIs)
Metrics that provide an early signal of increasing risk exposures for an enterprise
Multinational enterprise (MNE)
Organization that owns or controls production or services facilities in one or more countries other than the home country
Occupational illness
Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment
Inclusion
Extent to which each person in an organization feels welcomed, respected, supported, and valued as a team member
Moral hazard
Situation in which one party engages in risky behavior knowing that is protected against the risk because another party will incur any resulting loss
Nonexempt employees
Employees covered under US Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements
Older Workers Benefit Protection Act (OWBPA)
US 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
Process alignment
Extent to which underlying operations such as IT, finance, or HR integrate across locations
Residual risk
Amount of uncertainty that remains after all risk management efforts have been exhausted
Offshoring
Method by which an organization relocates its processes or production to an international location through subsidiaries or third party affiliates
Principal agent problem
Situation in which an agent makes decisions for a principal potentially on the basis of personal incentives that may not be aligned with the principal’s incentives
Repatriation
Process by which employees returning from international assignments reintegrate into their home country’s culture, conditions and employment
Overtime pay
Required for nonexempt workers under US Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a workweek
Prudent person rule
States that a fiduciary of a plan covered by the US Employee Retirement Income Statement Act has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable, prudent investor would
Risk
Uncertainty that has an effect on an objective, where effect outcomes may include opportunities, losses, and threats
Onshoring
Relocation of business processes or production to a lower cost location inside the same country as the business
Protected class
People who are covered under a particular federal or state antidiscriminaiton law
Reverse innovation
Innovations created for or by emerging economy markets and then imported to developed economy markets
Pregnancy Discrimination Act
US act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions
Regulation
Rule or order issued by an administrative agency of government, which usually has the force of law
Risk position
An organization’s desired gain or acceptable loss in value
Portal-to-Portal Act
US act that defines what is included as hours worked and there is therefore compensable and a factor in calculating overtime
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
Risk management
System for identifying, evaluating, and controlling actual and potential risks to an organization, and which typically incorporate mitigation and/or response strategies, including the use of insurance
Phillips v. Martin Marietta Coporation
1971 US 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
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
Risk control
An action taken to manage a risk
Patient Protection and Affordable Care Act (PPACA)
2010 US 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
Public comment period
Time allowed for the public to express its views and concerns regarding an action of an administrative agency
Risk appetite
Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals
Risk scorecard
Tool used to gather individual assessments of various characteristics of risk
Uniform Guidelines on Employee Selection Procedures
Procedural document designed to assist employers with federal regulations prohibiting discrimination
Risk tolerance
Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals
Uniformed Services Employment and Reemployment Rights Act (USERRA)
US act that protects the employment reemployment, and retention rights or persons who serve or have in the uniformed services
Sarbanes-Oxley Act (SOX)
US act that requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud
Vesting
Process by which a retirement benefit becomes nonforfeitable
Sex
Classification of people as male or female
Veto
Action of rejecting a bill or statute
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
Worker Adjustment and Retraining Notification (WARN) Act
US act that requires some employers to give a minimum of 60 days notice if a plant is to close or if mass layoff will occur
Triple bottom line
Economic, social, and environmental impact metrics used to determine an organizations success
Workweek
Any fixed, recurring period of 168 consecutive hours
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
Vicarious liability
Legal doctrine under which a party can be held liable for the wrongful actions of another party
Single loss expectancy (SLE)
Expected monetary loss every time a risk occurs; calculated by exposure factor
Weingarten rights
Union employees right in US to have a union representative or coworker present during an investigatory
