Term
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Definition
| By far the most prevalent form of the employment relationship. The formal agreement represents and employment contract, the terms and conditions of which represent the promises and expectations of the parties ( job requirements and rewards, and KSAOs and motivation). |
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Term
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Definition
| Under the common-law principle, in the absence of any contract language to the contrary, either the employer or the employee may terminate the employment relationship at any time, for any reason, without prior notification |
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Term
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Definition
| In exchange for these advantages of using independent contractore, the employer substantially loses the right to control the contractor. In particular, while the employer can still control expected results, the employer cannot dictate where, when, or how work is to be done. |
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Term
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Definition
| employees do not have special legal stature. They are considered employees of the help agency (staffing firm) that obtained them through its own staffing process. employees are given job assignments with other employers (clients) by the staffing firm. |
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Term
| The Three Needs for Laws and Regulations: |
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Definition
1. Balance of Power
2. Protection of Employees
3. Protection of Employers |
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Term
| Sources of Laws and Regulations (3) |
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Definition
Common Law
Constitutional Law
Statutory Law |
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Term
Common Law
Sources of Laws and Regulations |
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Definition
| origins in England, is court-made law, as opposed to law from other sources, such as the state. It consists of the case-by-case decisions of the court, which determine over time permissible and impermissible practices, as well as their remedies |
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Term
Constitutional Law
Sources of Laws and Regulations |
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Definition
| derived from the US Constitution and its amendments |
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Term
Constitutional Law
Sources of Laws and Regulations |
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Definition
| derived from written statutes passed by legislative bodies |
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Term
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Definition
| Name the Enforcement Agency Civil Rights Act (1964, 1991) |
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Term
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Definition
Name the Enforcement Agency Age Discrimination in Employment Act (1967) |
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Term
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Definition
Name the Enforcement Agency Americans With Disabilities Act (1990, 2008) |
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Term
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Definition
Name the Enforcement Agency Genetic Information Nondiscrimination Act (2008) |
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Term
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Definition
Name the Enforcement Agency
Rehabilitation Act (1973) |
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Term
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Definition
Name the Enforcement Agency Executive Order 11246 (1965) |
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Term
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Definition
| Claims involve allegations of intentional discrimination in which the employer knowingly and deliberately discriminated against people on the basis of specific characteristics such as race or sex. Evidence for such claims may be of several sorts. |
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Term
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Definition
| focuses on the effect of employment practices, rather than on the motive or intent underlying them. Accordingly, the emphasis here is on the need for direct evidence that, as a result of a protected charactic, people are being adversely affected by a practice. Statistical evidence must be presented to support a claim |
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Term
| Who bears the final, or ultimate, burden of proof? |
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Definition
| In disparate treatment cases, the plaintiff must ultimately prove that the defendant’s practices are discriminatory. For disparate impact cases, on the other hand, the burden is on the defendant. That is, it is the defendant who must prove that its practices are not discriminatory. |
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Term
Civil Rights Acts (1964, 1991),
EEO/AA Laws: Specific Staffing Provisions |
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Definition
| The provisions of the THIS _____of 1964 and 1991 are combined for discussion purposes here. The 1991 law is basically a series of amendments to the 1964 law, though it does contain come provisions unique to it. |
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Term
Civil Rights Acts (1964, 1991),
EEO/AA Laws: Specific Staffing Provisions |
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Definition
Unlawful Employment Practices
It is unlawful for an employer:
1. “to fail or refuse to hire or to discharge any individual, or otherwise discriminated against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin”; or
2. “to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of such individual’s race, color, religion, sex, or national origin.” |
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Term
Age Discrimination in Employment Act (1967)
Prohibited Age Discrimination |
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Definition
| The law explicitly and inclusively prohibits discrimination against those aged 40 and older. It is unlawful for an employer: |
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Term
Age Discrimination in Employment Act (1967)
Prohibited Age Discrimination |
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Definition
1. “to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual’s age”; and
2. “to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age.” |
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Term
| Americans With Disabilities Act (1990, 2008) |
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Definition
| The basic purpose is to prohibit discrimination against qualified individuals with disabilities and to require the employer to make reasonable accommodations for such individuals unless that would cause undue hardship for the employer |
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Term
| Rehabilitation Act (1973) |
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Definition
| Applies to federal contractors and subcontractors, and most of them are also covered by the ADA. Has many similarities to the ADA, including that the 2008 ADA amendments apply. Hence, the provisions are only briefly mentioned. |
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Term
| Executive Order 11246 (1965) |
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Definition
Prohibited Discrimination
The federal contractor is prohibited from discriminating on the basis of race, color, religion, sex, and national origin. |
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Term
| Immigration Reform and Control Act (1986) |
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Definition
| The purpose is to prohibit the employment of unauthorized aliens and to provide civil and criminal penalties for vilations of this law. The law covers all employers regardless of size. |
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Term
| Immigration Reform and Control Act (1986) |
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Definition
Civil Service Laws and Regulations
Merit Principles and Staffing Practices
1. To recruit, select, and promote employees on the basis of their KSAOs
2. To provide for fair treatment of applicants and employees without regard to political affiliation, race, color, national origin, sex, religion, age, or handicap
3. To protect the prviacy and constitutional rights of applicants and emplyees as citizens
4. To protect employees against coercion for partisan political purposes |
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Term
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Definition
| also know as adverse impact, |
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