Employment Law: Vocabulary - C233 WGU. Question well explained 2024.

American with Disabilities Act (ADA) - ANSWERSEmployers with 15 or more employees are prohibited from discriminating against people with disabilities. 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 - ANSWERSMaking an extra effort to hire and promote those in protected groups, particularly when those groups are underrepresented Affirmative action plan - ANSWERSPlan 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) - ANSWERSAct prohibiting arbitrary age discrimination, specifically protecting individuals over the age of 40 Agency theory - ANSWERSPerson (for example, a manager) is expected to act on behalf of a principal (for example, the owner of the company) Animus - ANSWERSMind set or intention Arbitration - ANSWERSA procedure for resolving collective bargaining impasses by which an arbitrator (third party) chooses a solution to the dispute Bargaining unit - ANSWERSA 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) - ANSWERSJob 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 - ANSWERSA practice necessary for safe and efficient organizational operations Case law - ANSWERSThe law is laid down in the the decisions for the courts (distinct from statutes or other sources of law) Civil law - ANSWERSLaws that deal with the rights of people rather than with crimes Color - ANSWERSSkin pigmentation especially other than white characteristic of race Common law - ANSWERSPrinciples developed over centuries as a result of legal decisions made by judges in individual cases Comparable worth - ANSWERSA public policy that advocates remedies for any undervaluation of women's jobs (also called pay equity) Complaint - ANSWERSA formal allegation against a party Conciliation - ANSWERSProcess where a third party acts as an intermediary between the parties in a labor dispute, helping them to reach a settlement Conglomerate - ANSWERSA highly diversified firm that has multiple businesses with no relationships Constructive discharge - ANSWERSDismissal 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 - ANSWERSA 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 - ANSWERSA presumption that each party in a contract will deal with each other in good faith and fairness Defamation - ANSWERSCommunication that damages an individual's reputation in the community, preventing them from obtaining employment or other benefits Discovery - ANSWERSProcedures for gathering facts prior to the time of trial in order to eliminate the element of surprise in litigation Disparate impact - ANSWERSEffect when an employment practice that may appear to be fair unintentionally discriminates against members of a protected class Disparate treatment - ANSWERSTheory 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 - ANSWERSOccurs 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 - ANSWERSA test that classifies a worker as an if the employee is substantially economically dependent on an employer Employee - ANSWERSOne who performs services under the direction and control of another Employer - ANSWERSOne who employs the services of others in exchange for wages Employment at will - ANSWERSUnited 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