Workplace Flashcards
Amendment
Modification of the US Constitution or a US law
Bill
A proposal presented to a legislative body for possible enactment as a statute
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
COBRA Consolidated Omnibus Budget Reconciliation Act
US Act that provides individuals and dependents who may lose health care coverage with opportunity to pay to continue coverage
ERG Employee Resource Group
Voluntary group of employees who shares a particular diversity dimension (race, religion, ethnicity, sexual orientation, etc); also known as affinity group or network group
Age Discrimination In Employment Act (ADEA)
US Act that prohibits discrimination in the workplace on the basis of age
Assignees
Employees who work outside their home countries
Civil Rights Act of 1964
First comprehensive US law making it unlawful to discriminate on the basis of race, sex, color, religion or national origin
Conflict of interest
Situation in which a person or organization may benefit from undue influence due to involvement in outside activities, relationships, or investments that conflict with or have an impact on the employment relationship or its outcome
Covering
Defensive behavior that occurs when an organization recruits a diverse workforce but consciously or otherwise promotes assimilation rather than inclusion
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 exceptions
Workforce Analysis
Systematic approach to anticipate human capital needs and data HR professionals can use to ensure that appropriate knowledge, skills, or abilities will be available when needed to account organizational goals and objectives
Work-to-rule
Situation in which workers slow processes by performing tasks exactly to specifications or according to job or task descriptions
Adverse impact
Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as disparate impact
Annualized Loss Expectancy (ALE)
Expected monetary loss for an asset due to a risk over a one year period; calculated by multiplying single loss expectancy by annualized rate of occurrence
Single Loss Expectancy (SLE)
Expected monetary loss every time a risk occurs; calculated by multiplying asset value by exposure factor
Burlington Industries, Inc vs Ellerth
US court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not
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
Duty of Care
Principle that organizations should take all steps that are reasonably possible to ensure the health, safety and wellbeing of employees and protect them from foreseeable injury
Wildcat Strike
Work stoppages at union contract operations that have not been sanctioned by the union
Work Councils
Groups that represent employees generally on a local or organizational level for the primary purpose of receiving from employers and conveying to employees information about the workforce and the health of the enterprise
Bona Fide occupational qualification (BFOQ)
Factor (such as religion, gender, national origin, etc) that is reasonably necessary in the normal operations of an organization to carry out a particular job function
Comparable Worth
Concept that jobs filled primarily by women that require skills, effort, responsibility and working conditions comparable to similar jobs filled primarily by men should have the same classifications and salaries
Contingency plan
Protocol that an organization implements when an identified risk event occurs
Disparate impact
Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as adverse impact
Multinational Enterprises (MNEs)
Organization’s that own or control production or service facilities in one or more countries other than the home country
National origin
Refers to the country (including those that no longer exists) of one’s birth or of ones ancestors birth
Occupational illness
Medical condition or disorder other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment
Older Workers Benefit Protection (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 in court
Public comment period
Time allowed for the public to express its views and concerns regarding an action of an administrative agency
Regulation
Rule or order issued by an administrative agency of government, which usually has the force of law
Risk
Uncertainty that has an effect on an objective, where outcomes may include opportunities, losses and threats
Risk position
An organization’s desired gain or acceptable loss in value
Vicarious liability
Legal doctrine under which a party can be held liable for the wrongful actions of another party
Uniform Guidelines on Employee Selection Procedures
Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination
Moral hazard
Situation in which one party engages in risky behavior knowing that it is protected against the risk because another party will incur any resulting loss
Offshoring
Method by which an organization relocates it’s processes or production to an international location through subsidiaries or third party affiliates
National Labor Relations Act (NLRA)
US Act that protected and encouraged the growth of the union movement; established worker’s rights to organize and bargain collectively with employers
Prudent person rule
States that a fiduciary of a plan covered by the US Employee Retirement Income Security Act has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable prudent investor would under similar circumstances
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 county
Reverse innovation
Innovations created for or by emerging economy markets and then imported to developed economy markets
Risk management
System for identifying, evaluating and controlling actual and potential risks to an organization
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
Triple bottom line
Economic, social and environmental impact metrics used to determine an organization’s success
Veto
Action of rejecting a bill or statute
Local Responsiveness (LR)
Globalization strategy that emphasizes adapting to the needs of local markets and allows subsidiaries to develop unique products, structures, and systems
National Federations of Independent Business vs Sebelius
US Supreme Court ruling that PPACA requirement that individuals purchase health insurance was constitutional but requirement that states expand Medicaid was not
NLRB vs 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
Portal to Portal Act
US Act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime
Protected class
People who are covered under a particular federal or state anti discrimination law
Residual risk
Amount of uncertainty that remains after all risk management efforts have been exhausted
Risk control
An action taken to manage a risk
Risk tolerance
Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals
Vesting
Process by which a retirement benefit becomes nonforfeitable
Lilly Ledbetter Fair Play Act
US Act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against
National Defense Authorization Act
US Act that expanded FMLA leave for employees with family members who are covered members of the military
Near-shoring
Practice of contracting a part of business processes or production to an external company in a country that is relatively close (within the same own region)
Occupational injury
Injury that results from a work related accident or exposure involving a single incident in the work environmental
Onshore got
Relocation of business processes or production to a lower cost location inside the same country as the business
Weingarten Rights
Union employees’ right to have a union representative or coworker present during an investigation
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
Risk scorecard
Tool used to gather individual assessments of various characteristics of risk (frequency of occurrence; degree of impact, loss or gain for the organization; degree of efficacy of current controls)
Principal-agent problem
Situation in which an agent (an employee) makes decisions for a principal (an employer) potentially on the basis of personal incentives that may not be aligned with the principal’s incentives
Worker Adjustment and Retraining Notification Act
US Act that requires some employers to give a minimum of 60 days notice if a plant is to close or if mass layoffs will occur.
Phillips vs Martin Marietta Corporations
1971 US case that states 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
Process Alignment
Extent to which underlying operations such as IT, finance or HR integrate across locations
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
Repatriation
Process by which employees returning from international assignments reintegrate into their home country’s culture, conditions and employment
Risk appetite
Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals
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 p
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
Equal Employment Opportunity Act
US Act that amended Title VII and gave the Equal Employment Opportunity Commission authority to “back up” its administrative findings and conduct it’s own enforcement litigation
Identity align
Extent to which diversity is embraced in management of people, products/services and branding
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
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
Key risk indicators (KRIs)
Metrics that provide an early signal of increasing risk exposures for an enterprise
Ledbetter vs Goodyear Tire and Rubber Company
2007 case in which the US Supreme Court ruled 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
Employment practices liability insurance (EPLI)
Type of liability insurance covering an organization against claims by employees, former employees and employment candidates alleging that their legal rights in the employment relationship have been violated
Ethics
Set of behavioral guidelines that an organization expects all of its directors, managers and employees to follow to ensure appropriate moral and ethical business standards
Fair Labor Standards Act (FLSA)
US Act that establishes minimum wage, overtime pay, youth employment and record keeping standards affecting full and part time workers in the private sector and in federal, state and local governments
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
Glocalization
Characteristic of an organization with a strong global image but an equally strong local identity
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 employees psychological well-being
Independent contractors
Self-employed individuals hired on a contract basis for specialized services
Lechmere, Inc v NLRB
1992 case in which the US Supreme Court ruled that an employer cannot be compelled to allow non-employee organizers onto the business property
Essential functions
Primary job duties that a qualified individual must be able to perform, either with or without reasonable accommodations
Fair Credit Reporting Act (FCRA)
US Act that protects privacy of background information and ensures that information supplied is accurate
Globalization
Status of growing interconnectedness among countries, people, markets and organizations worldwide
Hazard
Potential for harm, often associated with a condition or activity that, if left uncontrolled, can result in injury or illness
Inclusion
Extent to which each person in an organization feels welcomed, respected, supported and valued as a team member
Labor Management Relations Act (LMRA)
US Act that imposed several restrictions and requirements on unions
Employment Retirement Income Security 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
Equal Pay Act (EPA)
US Act that prohibits wage discrimination by requiring equal pay for equal or, substantially equal, work performed by men and women
Fair and Accurate Credit Transactions Act (FACT Act)
US Act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the Fair Credit Reporting Act in certain cases
Faragher v City of Boca Raton
US Court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not
Global Integration(GI)
Globalization strategy that emphasizes consistency of approach, standardization of processes and a common corporate culture across global operations
Griggs v Duke Power
US case that set the standard for determining whether discrimination based on disparate impact exists
