Business 10th Edition by Dawn D. Bennett-
Alexander and Laura P. Hartman -
Comprehensive Midterm Exam Prep Guide for
Guaranteed First-Time Success
In general, the employment provisions of the ADA require:
- equal opportunity in selecting, testing, and hiring
qualified applicants with disabilities - job accomodation for
applicants and workers with disabilities when such
accomodations would not impose "undue hardship" -
equal opportunity in promotion and benefits Affirmative
action - ANSWER//Making an extra effort to hire and
promote those in protected groups, particularly when
those groups are underrepresented Affirmative action plan
- ANSWER//Plan that analyzes a workforce to determine
whether protected classes are underutilized in different job
groups, and describes how an organization will address
any underutilization that exists Age Discrimination in
Employment Act (ADEA) - ANSWER//Act prohibiting
arbitrary age discrimination, specifically protecting
individuals over the age of 40 Agency theory -
ANSWER//Person (for example, a manager) is expected
to act on behalf of a principal (for example, the owner of
the company) Animus - ANSWER//Mind set or intention
Arbitration - ANSWER//A procedure for resolving collective
bargaining impasses by which an arbitrator (third party)
chooses a solution to the dispute Bargaining unit -
ANSWER//A group of employees performing jobs in an
industry with sufficient "community of interests" to
constitute a unit to be represented in collective bargaining
BFOQ (Bonafide Occupational Qualifications) -
ANSWER//Job requirements that an employee be a
particular religion, sex, or national origin that is reasonably
necessary to business operations. For instance, it is
assumed that an opening for a Baptist minister at a local
,Baptist church would be filled by a minister who is actually
a person who celebrates the Baptist religion and not, say,
the Episcopal religion Business necessity - ANSWER//A
practice necessary for safe and efficient organizational
operations Case law - ANSWER//The law is laid down in
the the decisions for the courts (distinct from statutes or
other sources of law) Civil law - ANSWER//Laws that deal
with the rights of people rather than with crimes Color -
ANSWER//Skin pigmentation especially other than white
characteristic of race Common law - ANSWER//Principles
developed over centuries as a result of legal decisions
made by judges in individual cases Comparable worth -
ANSWER//A public policy that advocates remedies for any
undervaluation of women's jobs (also called pay equity)
Complaint - ANSWER//A formal allegation against a party
Conciliation - ANSWER//Process where a third party acts
as an intermediary between the parties in a labor dispute,
helping them to reach a settlement Conglomerate -
ANSWER//A highly diversified firm that has multiple
businesses with no relationships Constructive discharge -
ANSWER//Dismissal that occurs when an employer forces
and employee to resign by creating a work environment
that is so unpleasant that a reasonable person would
resign Continual training - ANSWER//A mandate that all
employers provide training to workers on a periodic basis,
and whenever an employee is hired or assigned to a new
job Covenant of good faith - ANSWER//A presumption that
each party in a contract will deal with each other in good
faith and fairness Defamation - ANSWER//Communication
that damages an individual's reputation in the community,
preventing them from obtaining employment or other
benefits Discovery - ANSWER//Procedures for gathering
facts prior to the time of trial in order to eliminate the
element of surprise in litigation Disparate impact -
ANSWER//Effect when an employment practice that may
appear to be fair unintentionally discriminates against
members of a protected class Disparate treatment -
, ANSWER//Theory of discrimination based on different
treatment given to individuals because of their race, color,
religion, sex, national origin, age, or disability status Dual
purpose doctrine/mission - ANSWER//Occurs when an
employer conducts personal and work business at the
same time; subjects the employer to liability for the
employee's actions Economic realities test - ANSWER//A
test that classifies a worker as an if the employee is
substantially economically dependent on an employer
Employee - ANSWER//One who performs services under
the direction and control of another Employer -
ANSWER//One who employs the services of others in
exchange for wages Employment at will -
ANSWER//United States law that states that organizations
can generally hire, fire, or promote a person for any
reason at any time. In addition, employees can leave for
any reason at any time Equal Employment Opportunity
Commission (EEOC) - ANSWER//Federal agency that
enforces anti discrimination statutes with employers, and
is a resource for employees claiming employment
discrimination Essential functions - ANSWER//Job duties
and responsibilities that are the reasons for the job's
existence Estoppel - ANSWER//The principle by which a
person is barred from pursuing a certain course of action
or of disputing certain matters; that person's conduct
deems permission to pursue unjust Ethnicity -
ANSWER//Traits, background, allegiance, or association
E-verify - ANSWER//Online tool administered through the
US Citizenship and Immigration Services (USCIS), and
used by employers to verify the validity of documents
presented by new hires Explicit contract -
ANSWER//Express contract; Verbal or written agreement
in which the parties state exactly what they agree to do
Fair Credit Reporting Act (FCRA) - ANSWER//Requires
employers take specific steps prior to requesting or using
a consumer report (disclosure, written permission, notice
of adverse action, right to dispute) Fair Labor Standards