QUESTIONS WITH COMPLETE SOLUTIONS VERIFIED
Supremacy Clause
Constitutional provision mandates federal regulations have priority over state law.
stare decisis
doctrine used by US courts to align current cases w/ prior legal decisions
Integrated enterprise
2 corporations have combined mgmt or operations and are now considered a single
employer for business purposes
Economic Realities Test
A test by which the courts consider whether the worker is economically dependent on
the business or, as a matter of economic fact, is in business for himself or herself. A
contractor vs. Employee
Implied Contract
an employee handbook even if used by a temporary agency can be considered.
employment at will
the legal concept that an employee may be terminated for any reason
Implied Contract
what type of employment is created by the actions of the employer rather than through a
formal contract negotiation
1st HR question for special treatment under Title VII
if an employee requests, HR 1st question should be what thoe of special treatment is
the employee requesting?
EEOC
, Title VII gives authority to conduct its own enforcement litigation
Bonafide Occupational Qualification (BFOQ)
Characteristic providing a legitimate reason why an employer can exclude persons on
otherwise illegal bases of consideration. example, a women's shelter can require only
intake specialists to be women claiming this...
Disparate Treatment
intentional discrimination that occurs when people are purposely not given the same
hiring, promotion, or membership opportunities because of their race, color, sex, age,
ethnic group, national origin, or religious beliefs. example "we are looking to create a
younger workforce" told to a 65 year old women passed over for a job
Four-Fifths Rule
Rule of thumb that provides (or shows) evidence of potential discrimination if an
organization's hiring rate for a minority group is less than four-fifths the hiring rate for the
majority group. example, a company requires a job applicant to have a bachelors
degree. Applicants under Title VII claim this requirement puts them at a disadvantage
so this rule determins if there was a substantial impact on a protected class.
Pregnancy Discrimination Act
Act that prohibits discrimination on the basis of pregnancy, childbirth, or related
conditions.
hostile work environment
Telling lewd jokes, displaying pornography, making sexually oriented remarks about
someone's personal appearance, and other sex-related actions that make the work
environment unpleasant.
Reverse Descrimination
Using race or sex to give preferential treatment to some people. example a company
hiring 30% engineers as women. class action lawsuit alleges this preference will result
in denying jobs to otherwise qualified males
Americans with Disabilities Act (ADA)