20-factor Analysis ANS: A guide adopted by the Internal Revenue Service for determining if a worker
should be classified as an independent contractor.
ADA Amendments Act ANS: Passed in 2008, it amends the ADA by adding new protections for
employees with disabilities.
ADEA ANS: Age Discrimination in Employment Act.
ADEA Waivers ANS: A statement from a retiring employee that he or she will not make a personal ADEA
claim against the employer in exchange for retirement incentives.
Abuse of Discretion ANS: An employer's failure to consider important and relevant facts; acting in an
arbitrary or capricious manner.
Adverse Job Action ANS: A negative job action that results from an employee's lawful actions.
Affirmative Action (AA) ANS: Any action taken by an employer to overcome discriminatory effects of
past or current practices that create barriers to equal employment opportunity.
Affirmative Action Plan ANS: "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 ANS: Treating an applicant or employee less favorably because of his or her age.
Age Discrimination in Employment Act (ADEA) ANS: Enacted in 1967, it protects employees who are 40
years of age and older.
,Agency ANS: A contract relationship between a principal and an agent whereby the principal authorizes
the agent to work on his or her behalf and with power to bind the principal.
Americans with Disabilities Act (ADA) ANS: Employers with 15 or more employees are prohibited from
discriminating against people with disabilities.
Anti-female Animus ANS: An environment of animosity toward women.
Appropriation of Image or Likeness ANS: A type of tort in which an employer uses the name, image, or
likeness of an employee for commercial purposes in a way that is not described in the job description.
Arbitration ANS: A procedure for resolving collective bargaining impasses by which an arbitrator (third
party) choose a solution to the dispute.
Assumption of the Risk ANS: An employer defense that states an employee knows and accepts the risk
of potential injury in a certain position.
BFOQ (Bona Fide Occupational Qualification) ANS: Job requirement that an employee be a particular
religion, sex, or national origin that is reasonably necessary to business operations.
Back Pay ANS: Monetary compensation for a plaintiff's lost earnings.
Bona Fide Occupational Qualification (BFOQ) ANS: A reasonable employment qualification that an
employer is allowed to consider when making decisions about hiring and retaining employees.
Business Necessity ANS: A legitimate business purpose that justifies an employment decision as
effective and necessary.
, Case Law ANS: The law as laid down in the decisions of the courts (distinct from statutes or other
sources of law).
Civil Law ANS: Laws that deal with the rights of people rather than with crimes.
Civil Rights Act of 1964 ANS: Enacted in 1964, it prohibits race discrimination in employment.
Clayton Act ANS: Enacted in 1914, it prohibits the elimination of unions.
Closed Union Shop ANS: An illegal requirement that an employee be a union member.
Collective Bargaining ANS: The negotiation process between unions and employers.
Color ANS: Skin pigmentation characteristic of race, especially other than White.
Common Law ANS: Principles developed over centuries as a result of legal decisions made by judges in
individual cases.
Common Law Agency ANS: A test that classifies a worker as an employee if the employer maintains the
right to control the method of work performed.
Common Law Criminal Conspiracy ANS: A combination of two or more individuals planning to
accomplish an unlawful purpose.
Community of Interests ANS: A community of people who align themselves with a common interest.