Topic 2: The Employment Relationship

What are the three exceptions to "employment at-will?"

1. Public-policy exception 2. Implied-contract exception 3. Implied covenant-of-good-faith exception.

What are the three basic elements of an affirmative action plan?

1. Reasonable self-analysis 2. Reasonable rational for taking affirmative action 3. Reasonable affirmative action.

What are the various ways implied contracts are created?

An implied contract may be crated between an employer and employee if the employer gives oral assurances that the employee will have continued work for satisfactory job performance.

How does the EEOC define "color"?

Color is commonly understood to mean pigmentation, complexion, or skin shade or tone.

Who must have an affirmative action plan?

Companies awarded government contracts.

Define the term inclusion.

Describes the extent to which each person in the organization feels welcomed, respected, supported, and valued as a team member.

Define the term "gender identity discrimination."

Discrimination against an individual because that person is transgender, lesbian, gay or bisexual.

What is diversity management?

Diversity fosters innovation and creativity. Because diversity influences how individuals perceive themselves as well as others, a diverse workforce can bring a variety of viewpoints and perspectives to the organization.

What is the result of diversity management within organizations?

Diversity management is a strategy to help promote recognition and respect for individual differences found within the organization. An effective diversity management program will help each individual within the organization feel included.

Define the term diversity.

Generally, diversity refers to the similarities and differences between individuals, accounting for numerous aspects of personality and individual identity.

What is sexual harassment?

Harassment directed at an employee because of his or her gender. To be classified as sexual harassment, it does not have to involve sexual motives, sexual behaviors, or requests for sexual favors. If an employer or its agents engage in anti-female or anti-male activity towards an employee, such that it interferes with the employee's ability to carry out a job, the employer is likely guilty of sexual harassment.

What are the consequences to employees of "employment at-will?"

Just as an employer may terminate an employee at any time, employment at-will also allows the employee to leave a job at any time, and for any reason, without facing legal consequences. In recent decades, the at-will doctrine has come under criticism due to potentially harsh consequences to employees, which may leave employees vulnerable and financially insecure.

What is the Civil Rights Act?

Prohibited discrimination in public places, provided for the integration of schools and other public facilities, and made employment discrimination illegal.

What is Title VII the Civil Rights Act?

Prohibits employers from discriminating against employees on the basis of: race, color, religion, national origin, and sex.

How does the EEOC define "race"?

Race is a local geographic or global human population - a distinct group - that is evident by genetically transmitted characteristics.

What groups are protected under Title VII?

Race, color, religion, sex, or national origin.

List one example of the Public-Policy exception.

Recognized in most states and is invoked when an employee is terminated for reasons that violate a public-policy interest. A public-policy interest could include an employee who refuses to break a law, exercises a legal right, fulfills a statutory duty, or engages in whistle-blowing activities.

What is an implied contract?

The implied-contract exception states that a legally binding agreement is created between an employer and employee based on their actions, and not a formal contract.

Define the term "religious discrimination."

The unfavorable or unfair treatment of a person on the basis of that person's religious beliefs.

Define the term and provide an example of "gender discrimination."

The unfavorable treatment of someone (an applicant or employee) on the basis of their sex. Ex: Placing a female employee in a working situation on the basis of "women work better when they ________".

What protected categories are covered under affirmative action?

Women, African Americans, Asians, Pacific Islanders, American Indian/Alaska Native, disabled persons, and veterans.

What was the purpose of affirmative action?

A US practice of remedying the effects of past discrimination in matters relating to employment, such as recruitment, hiring, training, promotions and termination.

Define "employment at-will."

A common-law rule for employment contracts that presume an employer can generally hire, fire, or promote an employee for any reason at any time. In addition, employees can leave for any reason at any time.

How was the EEOC created?

A federal agency created by the Civil Rights Act of 1964.

What is the purpose of the Age Discrimination in employment Act (ADEA)?

A federal law that protects workers age 40 and older from employment discrimination based on their age.

List one example of the religious discrimination.

Being selected over another applicant for a job which a person is qualified based on their Muslim beliefs.

Define the Covenant-of-Good-Faith exception.

States that each party in an employment relationship has made an implied promise to treat the other in good faith and fairness.

What is the purpose of the EEOC?

Tasked with formal enforcement of employment discrimination.

Describe national origin employment discrimination.

When an employer commits nation of origin employment discrimination, it makes an unfair or harmful employment decision on the basis of where a person or their ancestors are from, or on the culture or people that a person associates with.