C233 Employment Law question well tacked 2024.

Implied Contract - ANSWERSLegally binding agreement which is created, not through formal contract negotiation and documentation, but by actions of employer and employee and not the employers. Dual Purpose Mission - ANSWERSOccurs when an employee conducts personal and work business at the AKA-oral assurances Supremacy Clause - ANSWERSmandates that the constitution, federal law, treaties and federal regulations are the highest laws of the land and have priority over state law. Frolic and Detour - ANSWERSEmployee's physical departure from the job in order to further his/her own interests same time; subjecting the employer to the employees actions Pregnancy Discrimination Act (PDA) - ANSWERS1978; Prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. Pregnant women must be treated in the same manner as other applicants or employees with similar abilities or limitations. (possibly as a temporarily disabled worker) Equal Pay Act 1963 (EPA) - ANSWERSprotects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination Civil Rights Act of 1991 - ANSWERSallows for compensatory and punitive damages for violations of Tytle VII Age Discrimination in Employment Act of 1967 (ADEA) - ANSWERSprotects individuals who are 40 years of age or older Americans with Disabilities Act of 1967 (ADA) - ANSWERSprohibits disability discrimination in the private sector The Rehabilitation Act of 1991 - ANSWERSprohibits discrimination against qualified individuals with disabilities who work in the federal government Uniformed Services Employment and Re-employment Rights Act (USERRA) - ANSWERSprotects military personnel from employment disctrimination Equal Employment Opportunity Commission (EEOC) - ANSWERSfederal agency created by the Civil Rights Act of 1964 and today enforces federal anti-discrimination statutes, and provides oversight for all federal equal opp standards in employment regulations Discriminatory Evidence - ANSWERS-Direct Evidence -Comparative Evidence -Bona Fide -Pattern and Practice Direct Evidence - ANSWERSReal, clear evidence of discrimination that requires no inference or consideration to prove existence Comparative Evidence - ANSWERSTwo employees were similarly situated but were treated differently merely because of class characteristic. Bona Fide Occupational Qualification (BFOQ) - ANSWERSA reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees Pattern and Practice - ANSWERSdiscrimination is where the employers policies have the purpose or effect of segregation or assigning employees to particular aspects of a business enterprise for no legitimate business necessity Gender Plus Discrimination - ANSWERSresults when an employer classifies employees on a basis of gender, plus another characteristic-usually a family-related circumstance Anti-Female Animus - ANSWERSAn environment of animosity toward women Quid Pro Quo - ANSWERS(this for that). Notion that an employer seeks sexual favors in exchange for some positive employment outcome for an employee Tangible Job Action - ANSWERSan employment outcome arising out of sexual harassment Hostile Work Environment Requirements - ANSWERS-Unwelcome conduct towards victim -objectionable conduct based on gender -conduct sufficiently sever or pervasive to create abusive working environment -conduct alters the conditions of employment in a way which negatively affects victim -employer knew or should have known the unwelcome conduct and took insufficient action to address Unwelcome Conduct - ANSWERSnot solicited by the employee and that a reasonable person would regard as offensive or unwanted First Written Warning - ANSWERS2nd step in a disciplinary process, which advises an employee that work behavior must change, lays out steps that have already been taken to advise the employee of the deficit and describes steps that need to be taken to improve performance and remain employed Age Discrimination in Employment Act (ADEA) - ANSWERSprotect workers aged 40 or older. applies to employers/unions with more than 20 employees Title VII Cover Employers that have... - ANSWERSfifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person EEOC - ANSWERSfederal agency created by the Civil Rights Act of 1964, and today it enforces federal anti-discrimination statutes, and provides oversight for all federal equal opportunity standards in employment regulations