MGMT 200: Employee and Employer Rights and Duties

Exceptions to Civil Rights Act

1) Pre-act (pre 1964) seniority system 2) Merit System 3) System measuring earnings by quantity or quality of production 4) System based on results of a professionally developed ability test, not intended to discriminate

disparate impact

A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.

sexual harassment

A form of illegal gender discrimination, a Title VII violation. Any unwanted action or activity of a sexual nature that explicitly or implicitly affects an individual's employment, performance, or work environment

Labor-Management Reporting and Disclosure Act of 1959

Landrum-Griffin Act. Provides for the regulation of internal union affairs, including the regulation and control of union funds

Agency

Mutually consenting relationship where an employee (the agent) is authorized to represent and bind an employer (the principal) in business dealings with 3rd parties

collective bargaining

Negotiations between representatives of labor unions and management to determine pay and acceptable working conditions.

agent

a person employed by a principal to deal with 3rd parties and to make contracts binding the principal to the 3rd parties. They are fiduciary of the principal

Equal Employment Opportunity Act of 1972

act which gives the Equal Employment Opportunity Commission (EEOC) authority to sue in federal courts when it finds reasonable cause to believe that there has been employment discrimination based on race, color, religion, sex, or national origin.

hostile environment

conduct by others in the workplace that has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating or offensive working environment

Employee Retirement Income Security Act

regulates private pension plans that supplement social security

protected class

A group of persons protected by specific laws because of the group's defining characteristics. Under laws prohibiting employment discrimination, these characteristics include race, color, religion, national origin, gender, age, and disability.

independent contractor

A person who is hired to do a specific job, and who retains control over how that job is done

Affirmative Action Programs

A plan for actively seeking out, employing, and developing the talents of those groups historically discriminated against.

Fair labor standards act of 1938

set a minimum wage for industrial workers engaged in interstate commerce and set the max workweek at 40 hours (except executives, professionals, and academics)

Equal Pay Act of 1963

specifically prohibits wage discrimination on the basis of gender for equal work in jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions

Principal

the person who empowers an agent to enter contracts on his/her behalf

comparable worth

the theory that the same wage or salary should be paid for jobs that have equal societal and economic value based on such factors as required preparation, skill, effort, responsibility, and working conditions

prima facie

"on its face" case of discrimination. Sufficient to establish a fact or raise a presumption unless disproved or rebutted.

quid pro quo

"something for something;" expression used in sexual harassment situation when sexual favors or demands are a term or condition of an individual's employment, or the basis for employment decisions affecting an individual

Fringe benefits

Any financial extras beyond the regular pay check, such as health insurance, life insurance, paid vacation and/or retirement

disparate treatment

Discrimination that occurs when individuals are treated differently because of their membership in a protected class.

picketing

Patrolling of a business site by workers who are on strike

Labor-Management relations act of 1947

Taft-Hartley act. Federal law that list unfair labor practices of unions and gives employees the right to refrain from participating in unions. Outlaws closed shop and secondary boycotts

individual retirement accounts

A retirement savings plan that allows individuals to set aside up to a specified amount each year and delay paying tax on the earnings until they begin withdrawing it at retirement

reverse discrimination

A situation in which a majority or an individual of a majority is denied certain rights because of preferential treatment provided to a minority or an individual of a minority.

401(k) plan

A type of qualified retirement plan in which employees make pretax contributions into an employee trust. In many cases, the employer will match employee contributions up to specific levels

union

A worker association that bargains with employers over wages, benefits, and working conditions

closed shop

A working establishment where only people belonging to the union are hired. Outlawed by the Taft-Hartley Act of 1947

Civil Rights Act of 1964

Act that makes it unlawfl for an emplower to refuse to hire or to discharge any individual, or to otherwise discriminate against any individual, with respect to compensation, terms, conditions, or privileges of employment, on the basis of their race, color, religion, sex, etc.

yellow dog contract

Agreement in which an employee agrees to not join a union

respondeat superior

Doctrine imposing vicarious liability on an employer for the wrongful acts of an agent or employee that occur while the agent or employee is on the job

Family and Medical Leave Act of 1993

Federal law requiring employers with 50+ employees to grant employees leave for certain family purposes related to child care and family health

Age Discrimination in Employment Act of 1967

Federal law that added "advanced age" (40+) to attributes listed in the Civil Rights Act of 1964 that may not be used negatively in employment decisions

Americans with disabilities act of 1990

Federal law that bars discrimination in the employment of capable handicapped people by both private and public employers, and that requires reasonable accommodations for their special needs

anti-injunction act of 1932

Federal law that restricts the issuance of injunctions in labor disputes, outlaws yellow dog contracts and exempts unions from legal attack as monopolies.

Occupational Safety and Health Act of 1970

Federal law to assure safe and healthful working conditions by authorizing enforcement of health and safety standards

Roth IRA

Type of individual retirement account that taxes income before it is saved, but which does not tax interest on that income when funds are used upon retirement

national labor relations act of 1935

Wagner act. recognizes the right of workers to organize into unions of their own choice, and the duty of employers to bargain collectively with the unions over wages, hours, and conditions of employment.

secondary boycotts

When a union attempts to influence an employer by exerting pressure on another employer. Outlawed by the Taft-Hartley Act of 1947

bona fide occupational qualification

job requirements that serve a legitimate business interest, which are justified although they have a disparate impact

employee

person who agrees by contract to perform work as directd and controlled by an employer in exchange for compensation

defined benefit plans

plans that provide for the payment of determinable retirement income benefits