Worplace Flashcards

1
Q

Davis-Bacon Act

A

U.S. act that requires certain contractors and subcontractors to pay laborers and mechanics no less than the locally prevailing wages and fringe benefits for corresponding work on federal contracts.

Employee & Labor Relations

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2
Q

National Federation of Independent Business V. Sebelius

A

U.S. Supreme Court ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirement that states expand Medicaid was not.

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3
Q

Labor-Management Relations Act (LMRA)

A

U.S. act that imposed several restrictions and requirements on unions.

Employee & Labor Relations

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4
Q

McNamara-O’Hara Service Contract Act

A

U.S. act that requires contractors and subcontractors on certain contracts to pay service employees in various classes no less that the wage rates and fringe benefits found in the locality, or the rates found in the previous contractor’s collective bargaining agreement.

Employee & Labor Relations

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5
Q

Occupational Safety and Health (OSH) Act

A

U.S. act that established the first national policy for workplace safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees.

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6
Q

NLRB V. Weingarten

A

Landmark 1975 U.S. labor relations case that dealt with the right of unionized employees to have another person present during certain investigatory interviews.

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7
Q

Family and Medical Leave Act ( FMLA)

A

U.S. act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of serious health condition of the employee.

Employee & Labor Relations

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8
Q

Occupational injury

A

Injury that results from a work-related accident or exposure involving a single incident in the work environment.

Employee & Labor Relations

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9
Q

Lechmere, Inc. v. NLRB

A

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.

Employee & Labor Relations

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10
Q

Uniformed Services Employment and Reemployment Rights Act (USERRA)

A

U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.

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11
Q

Drug-Free Workplace Act

A

U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify that they are maintaining a drug-free workplace.

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12
Q

Worker Adjustment and Retraining Notification (WARN) Act

A

U.S. 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.

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13
Q

National Defense Authorization Acts (NDAA)

A

U.S. acts that expanded FMLA leave for employees with family members who are covered members of the military.

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14
Q

Occupational illness

A

Medical condition or disorder, other than one resulting from an occupational injury caused by exposure to environmental factors associated with employment.

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15
Q

Employee Polygraph Protection Act (EPPA)

A

U.S. act that prevents private employers form requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employments, with certain exceptions.

Employee & Labor Relations

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16
Q

Employment at-will

A

Principle of employment in the U.S. that employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quit a job at any time.

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17
Q

National origin

A

Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth

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18
Q

Greggs V. Duke Power

A

U.S. case that set the standard for determining whether discrimination based on disparate impact exists.

Employee & Labor Relations

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19
Q

Disparate impact

A

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect: also, known as adverse impact.

Example: requiring job applicants to pass a physical exam giving males an advantage over females.

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20
Q

Pregnancy Discrimination Act

A

U.S. act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Employee & Labor Relations

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21
Q

Age Discrimination in Employment Act

A

ADEA
U.S. act that prohibits discrimination in the workplace on the basis of age.

Employee & Labor Relations

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22
Q

Adverse impact

A

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect: also known as disparate impact.

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23
Q

Uniform Guidelines on Employee Selection Procedures

A

Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination.

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24
Q

Employment practices liability insurance

A

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.

Employee & Labor Relations

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25
Q

Protected Class

A

People who are covered under a particular federal or state antidiscrimination law.

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26
Q

Comparable worth

A

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 classification and salaries.

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27
Q

Older Workers Benefit Protection Act

A

OWBPA
U.S act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided standards that an employee’s waiver of the rights to sue for age discrimination must meet in order to be up help by the court.

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28
Q

Vicarious liability

A

Legal doctrine under which a party can be held liable for the wrongful actions of another party.

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29
Q

Portal-to-Portal Act

A

U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.

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30
Q

Equal Employment Opportunity Act

A

U.S. act that amended the TitleVII and gave the Equal Employment Opportunity Commission authority to “backup” its administrative findings and conduct its own enforcement litigation.

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31
Q

Vietnam Era Veteran’s Readjustment Assistance Act

A

VEVRAA
U.S. act that prohibits discrimination against specified categories of veterans applies to federal government contractors and subcontractors.

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32
Q

Disparate treatment

A

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

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33
Q

Fair and Accurate Credit Transactions Act

A

FACT Act
U.S. 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.

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34
Q

Sexual orientation

A

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.

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35
Q

McDonnel Douglas Corp. V. Green

A

Case that established criteria for disparate treatment.

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36
Q

Americans with Disabilities Act

A

ADA
U.S. Act that prohibits discrimination against a qualified individual with a disability because of his/her disability.

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37
Q

Genetic information Nondiscrimination Act

A

GINA

U.S. act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance.

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38
Q

Equal Pay Act

A

EPA
U.S. act that prohibits wage discrimination by requiring equal pay for equal or “substantially equal” work performed by men and women.

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39
Q

Ledbetter V. Goodyear Tire and Rubber Company

A

2007 case in which the U.S. 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.

Employee & Labor Relations

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40
Q

Workweek

A

Any fixed, recuring period of 168 consecutive hours (7 days’ time 24 hours + 168 consecutive hours).

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41
Q

Burlington Industries, Inc. V Ellerth

A

U.S. court ruling that distinguished between supervisory harassment that results in tangible employment action and supervisor harassment that does not.

Employee & Labor Relations

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42
Q

Vesting

A

Process by which a retirement benefit becomes nonforfeitable.

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43
Q

Nonexempt employees

A

Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements.

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44
Q

Hostile environment harassment

A

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.

Employee & Labor Relations

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45
Q

Employee Retirement Income Security Act

A

ERISA
U.S. 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.

Employee & Labor Relations

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46
Q

Walsh-Healey Public Contracts Act

A

U.S. act that establishes a minimum wage, maximum hours, and health and safety standards for contracts to manufacture or furnish materials, articles, or equipment to the U.S. government or the District of Columbia.

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47
Q

Defense of Marriage Act

A

DOMA
U.S. act that defined marriage as the union of one man and one woman and permitted states to not recognize same-sex marriages recognized by other states: rules unconstitutional by the United States Supreme Court.

Employee & Labor Relations

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48
Q

Labor Management Reporting and Disclosure Act

A

LMRDA
U.S. act that imposed regulations on internal union affairs and relationship between union and officials and union members.

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49
Q

Patient Protection and Affordable Care Act

A

PPACA
2010 U.S. 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.

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50
Q

Lilly Ledbetter Fair Pay Act

A

U.S. act that creates a rolling time frame for fling wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.

Employee & Labor Relations

51
Q

General Duty Clause

A

Statement in U.S. Occupational Safety and Health Act that requires employers subject to the act to provide employees with a safe and healthy work environment.

Employee & Labor Relations

52
Q

Weingarten rights

A

Union employees right in U.S. to have a union representative or coworker present during an investigatory interview.

Employee & Labor Relations

53
Q

National Labor Relations Act

A

NLRA
U.S. act that protected and encouraged the growth of the union movement; established workers’ rights to organize and bargain collectively with employers.

Employee & Labor Relations

54
Q

Electronic Communications Privacy Act

A

U.S. act that made it unlawful to intercept messages in transmission, access stored information in electronic communication services, or disclose any of this information.

Employee & Labor Relations

55
Q

Consolidated Omnibus Budget Reconciliation Act

A

COBRA
U.S. act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage.

Employee & Labor Relations

56
Q

Employees

A

Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Standards Act regulations as determined by the IRS.

Employee & Labor Relations

57
Q

ADA Amendments Act

A

ADAAA
Amendments to U.S. Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules to guide the analysis of what constitutes a disability.

Employee & Labor Relations

58
Q

Overtime pay

A

Required for nonexempt workers under U.S. Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a work week.

Employee & Labor Relations

59
Q

Sarbanes-Oxley Act

A

SOX
U.S. act that requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud.

Employee & Labor Relations

60
Q

Faragher v. City of Baca Raton

A

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

Employee & Labor Relations

61
Q

Quid pro quo harassment

A

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.

Employee & Labor Relations

62
Q

Exempt employee

A

Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements.

Employee & Labor Relations

63
Q

Prudent person rule

A

States that a fiduciary of a plan covered by the U.S. Employee Retirement Income Security Act has legal and financial obligations not to take more risks when investigating employee benefit program funds that a reasonably knowledgeable, prudent investor would under similar circumstances.

Employee & Labor Relations

64
Q

Disability

A

Physical or mental impairment that substantially limits one’s major life activities.

Employee & Labor Relations

65
Q

Fair Labor Standards Act

A

FLSA
U.S. 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.

Employee & Labor Relations

66
Q

Bona fide occupational qualification

A

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.

Employee & Labor Relations

67
Q

Civil Rights Act of 1991

A

U.S. act that expands the possible damage awards available to victims of international discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

Employee & Labor Relations

68
Q

Gender identity

A

Refers to one’s internal, personal sense of being o man or a woman (boy or girl), which may or may not be the same as one’s sexual assignment at birth.

Employee & Labor Relations

69
Q

Phillips V Martin Mariettta Corporation

A

1971 U.S. 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 children.

Employee & Labor Relations

70
Q

Fair Credit Reporting Act

A

FCRA
U.S. act that protects privacy of background information and ensures that information supplied is accurate.

Employee & Labor Relations

71
Q

Immigration Reform and Control Act

A

IRCA
U.S act that prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers.

Employee & Labor Relations

72
Q

Civil Rights Act of 1964

A

First comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.

Employee & Labor Relations

73
Q

Executive Order 13672

A

Amends Executive orders 11478 and 11246 to include gender identity and sexual orientation.

Employee & Labor Relations

74
Q

Independent contractors

A

Self-employed individuals hired on a contact basis for specialized services.

Employee & Labor Relations

75
Q

Reasonable accomodations

A

Modifying a job application process, a work environment, or the circumstances under which a job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions.

Employee & Labor Relations

76
Q

Near-shoring

A

Practice of contracting a part of business processes or production to an external company in a country that is relatively close.

Managing a Global Workforce

77
Q

Offshoring

A

Method by which an organization relocates its processes or production to an international location through subsidiaries or third party affiliates.

Managing a Global Workforce

78
Q

Repatriation

A

Process by which employees returning from international assignments reintegrate into their home country’s culture, conditions, and employment.

Managing a Global Workforce

79
Q

Multinational enterprises

A

MNEs

Organizations that own or control production or service facilities in one or more countries other than the home country.

Managing a Global Workforce

80
Q

Globalization

A

Status of growing interconnectedness and interdependency among countries, people, markets, and organizations worldwide.

Managing a Global Workforce

81
Q

Onshoring

A

Relocation of business processes or production to a lower-cost location inside the same country as the business.

Managing a Global Workforce

82
Q

Outsourcing

A

Process by which an organization contracts with third-party vendors to provide selected services/activities instead of hiring new employees.

Managing a Global Workforce

83
Q

Identity alignment

A

Extent to which diversity is embraced in management of people, products/services, and branding.

Managing a Global Workforce

84
Q

Local responsiveness

A

Globalization strategy that emphasizes adapting to the needs of local markets and allows subsidiaries to develop unique products, structures, and systems.

Managing a Global Workforce

85
Q

Redeployment

A

Process by which an organization moves an employee out of an international assignment; can involve moving back to the home country, moving to different global locations, or moving to a new location.

Managing a Global Workforce

86
Q

Assignees

A

Employees who work outside of their home countries

Managing a Global Workforce

87
Q

Global integration

A

Global strategy that emphasizes consistency of approach, standardization of processes, and a common corporate culture across global operations.

Managing a Global Workforce

88
Q

Ethnocentric Orientation

A

Definition: A multinational corporation orientation where the home country’s values, culture, and practices are considered superior and guide decision-making across global operations.

Characteristics: Centralized control, key positions held by home country nationals, limited adaptation to local markets.

89
Q

Polycentric Orientation

A

Definition: A multinational corporation orientation that emphasizes adapting to local cultures, practices, and market conditions in each host country where the company operates.

Characteristics: Decentralized decision-making, local autonomy, hiring host country nationals for key positions.

90
Q

Geocentric Orientation

A

Definition: A multinational corporation orientation that seeks to integrate global operations by focusing on finding the best talent globally, regardless of nationality, and promoting a cohesive organizational culture.

Characteristics: Global mindset, talent mobility across regions, emphasis on global consistency while accommodating local differences.

91
Q

Regiocentric Orientation

A

Definition: A multinational corporation orientation that views the world in regional segments and tailors strategies and operations to fit the needs and characteristics of each region.

Characteristics: Regional focus, customized approaches for different regions, balancing global standards with regional nuances.

92
Q

Upstream Strategy

A

Definition: An upstream strategy focuses on activities that occur earlier in the value chain, such as research and development, supplier management, and strategic partnerships.

Characteristics: Long-term planning, innovation, supply chain optimization, risk management.

93
Q

Downstream Strategy

A

Definition: A downstream strategy concentrates on activities that occur later in the value chain, including marketing, distribution, sales, and customer service.

Characteristics: Market positioning, customer satisfaction, revenue generation, brand management.

94
Q

Globalist

A

Spends their entire careers in international assignments, moving from one locale to another.

95
Q

Local hires

A

Hired locally in subsidiary countries (and are also known as HCs, host-country nationals)

96
Q

Short-term assignees

A

On assignment for less than a year but more than a few weeks, often without moving the family.

97
Q

International assignees

A

Traditional expatriates on full relocation assignments lasting from one to three years.

98
Q

Commuters

A

Travel across a country border for work regularly.

99
Q

Just-in-time expatriates

A

Ad hoc or contract workers hired for a single assignment.

100
Q

Sustainability

A

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.

101
Q

Ethics

A

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.

102
Q

Corporate social responsibility

A

Varying ways an organization can create value, looking beyond traditional profit measures of revenue and expenses; includes such areas as philanthropy, volunteerism, corporate-sponsored community programs, social change, sustainability, corporate governance employee rights, and workplace safety.

103
Q

Tripple bottom line

A

Economic, social, and environmental impact metrics used to determine an organization’s success.

104
Q

Governance

A

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.

105
Q

Compliance

A

State of being in accordance with all national, federal, regional, and or local laws, regulations, and or other government authority requirements applicable to the places in which an organization operates.

106
Q

Residual risk

A

Amount of uncertainty that remains after all risk management efforts have been exhausted.

107
Q

Contingency plan

A

Protocol that an organization implements when an identified risk event occurs.

108
Q

Risk Tolerance

A

A characterization of the amount of uncertainty (acceptable risk) an organization is willing to pursue or to accept to attain its risk management goals, defined in a range above and below a target.

109
Q

Risk scorecard

A

Tool used to gather individual assessments of various characteristics of risk (for example, frequency of occurrence; degree of impact, loss or gain for the organization; degree of efficacy of current controls.)

110
Q

Duty of care

A

Principle that organizations should take all steps that are reasonably possible to ensure the health, safety, and well-being of employees and protect them from foreseeable injury.

111
Q

Risk position

A

Organization’s desired gain or acceptable loss in value.

112
Q

Princpal-agent problem

A

Situation in which an agent (for example, an employee makes decisions for a principle (for example and employer) potentially on the basis of personal incentives that may not be aligned with the principal’s incentives.

113
Q

Risk

A

Uncertainty that has an effect on an objective, where outcomes may include opportunities, losses and threats.

114
Q

Annualized loss expectancy (ALE)

A

Expected monetary loss for an asset due to risk over a one-year period; calculated by multiplying single loss expectancy by annualized rate of occurrence.

115
Q

Conflict of interest

A

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 outcomes.

116
Q

Moral hazard

A

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.

117
Q

Risk management

A

System for identifying, evaluating and controlling actual and potential risks to an organization.

118
Q

Risk control

A

Action taken to manage a risk.

119
Q

Risk appetite

A

Ahigh-level characterization of the amount of uncertainty (acceptable risk) an organization is willing to pursue or to accept to attain its risk management goals.

120
Q

Hazard

A

Potential for harm, often associated with a condition or activity that, if left uncontrolled, can result in injury or illness.

121
Q

Whistle blowing

A

Reporting of an organization’s violations of policies and processes by employees.

122
Q

Key risk indicators (KRIs)

A

Metrics that provide an early signal of increasing risk exposures for an enterprise.

123
Q

Single loss expectancy (SLE)

A

Expected monetary loss every time a risk occurs; calculated by multiplying asset value by exposure factor.