Employment Law and Regulation Vocabulary

Flashcards covering key employment laws, U.S. Supreme Court cases, and regulatory terms from the lecture notes.

Adverse impact

A substantially different rate of selection in hiring, promotion, or other employment decision, which works to the disadvantage of members of a race, sex, or ethnic group. It occurs when the selection rate for protected class groups is less than $4/5$, or $80\%$, of the selection rate for the group with the highest rate.

Albemarle Paper v. Moody

U.S. Supreme Court case that required employment tests to be validated; subjective supervisor rankings are not sufficient validation and criteria must be tied to job requirements.

Automobile Workers v. Johnson Controls, Inc.

A Supreme Court case involving sex-based discrimination where the court ruled that decisions about the welfare of the next generation must be left to parents rather than employers.

Bates v. United Parcel

Established that when employers apply an unlawful standard barring employees protected by the ADA, the employees do not need to prove they were otherwise qualified for essential job functions; the employer must prove the standard is necessary to business operations.

Black Lung Benefits Act (BLBA)

Provided benefits for coal miners suffering from pneumoconiosis due to mine work.

Bureau of Labor Statistics (BLS)

An agency within the DOL established to study and publish statistical economic and industrial accidents’ data.

Burlington Northern Santa Fe Railway Co. v. White

Established that all retaliation against employees who file discrimination claims is unlawful under Title VII, even if no economic damage results.

Circuit City Stores v. Adams

Ruled that arbitration clauses in employment agreements are enforceable for employers engaged in interstate commerce, except for transportation workers.

United States Citizen and Immigration Services (USCIS)

A component of the Department of Homeland Security (DHS) charged with overseeing lawful immigration to the United States, including Form I-9 and E-Verify compliance.

Civil law

Regulations set by countries or legislative groups about the rights of people, which differ from common laws set by judges.

Clause

A part of a document, agreement, proposal, or contract that provides additional detail.

Clayton Act

Limited the use of injunctions to break strikes and exempted unions from the Sherman Antitrust Act.

Commercial diplomacy

The effort by multinational corporations to influence foreign government policy on issues such as tariffs, banking, safety standards, and corporate conduct.

Congressional Accountability Act (CAA)

Required all federal employment legislation passed by Congress to apply to congressional employees.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Allows employees and families to temporarily continue health insurance at group rates after a qualifying event; applies to employers with $20$ or more employees.

Davis v. O’Melveny & Myers

Established that arbitration clauses are unenforceable if they are significantly favorable to the employer and the employee lacks a meaningful opportunity to reject them.

Department of Labor (DOL)

U.S. agency charged with the administration and enforcement of U.S. labor laws.

Disparate impact

Occurs when neutral practices in employment-related decisions have a negative effect on protected class groups, such as high school diploma requirements in specific areas.

Due process

The way a government enforces laws to protect its citizens, such as guaranteeing a fair trial; it was first mentioned in the Magna Carta.

Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA)

Legislation that increased contribution limits for $401(k)$ plans and IRAs and allowed catch-up contributions for taxpayers older than $50$ years of age.

Energy Employees Occupational Illness Compensation Program Act (EEOICPA)

Provided compensation for employees and contractors subjected to excessive radiation during nuclear weapons production and testing.

Energy Policy Act of 1992

Allowed employers to provide nontaxable fringe benefits to employees for qualified commuter activities like bicycling and mass transit.

Epilepsy Foundation of Northeast Ohio v. NLRB

Extended Weingarten rights to nonunion employees, allowing them to request a coworker's presence during investigatory interviews.

Equal employment opportunity (EEO)

U.S. laws that guarantee equal treatment and respect for all employees.

Equal Employment Opportunity Act (EEOA)

Established that complainants have the burden of proof for disparate impact, provided litigation authority for the EEOC, and extended complaint filing times.

Equal Employment Opportunity Commission (EEOC)

U.S. agency that investigates job discrimination based on race, color, religion, sex, national origin, disability, age ($40$ or older), or genetic information.

Executive Order 11246

Prohibits federal contractors from discriminating based on race, color, religion, sex, or national origin, and requires affirmative action.

Executive Orders 11375 (adding sex discrimination), 13279 (providing religious exemptions), and 13672 (expanding protections to include sexual orientation and gender identity).

Executive Order 11478

Requires the federal government to provide equal employment opportunities regardless of race, color, religion, sex, national origin, or age; later amended to include sexual orientation, parental status, and gender identity.

Executive Order 13087 added sexual orientation, Executive Order 13152 included parental status, and Executive Order 13672 added gender identity.

Executive Order 12138

Created the National Women’s Business Enterprise policy and required federal contractors to support women’s business enterprises.

Executive Order 12989

Requires federal contractors to electronically verify employment authorization of employees; exempt if contract is under $120$ days or valued at less than $150,000$, all work is performed outside the United States, it includes only commercially available off-the-shelf (COTS) items and related services.

Extraterritorial laws

Laws from a multinational enterprise’s home country that apply in other countries, such as Sarbanes–Oxley, ADA, and Title VII.

Federal Employees Compensation Act (FECA)

Provides benefits similar to workers’ compensation for federal employees injured on the job.

Federal Insurance Contributions Act (FICA)

Required employers and employees to pay Social Security taxes.

Federal regulations

In the United States, laws that apply in every state, as opposed to laws unique to individual states.

Federal Unemployment Tax Act (FUTA)

Required employers to contribute a percentage of payroll to an unemployment insurance fund.

Forum shopping

The practice of looking for a legal venue or location most likely to produce a favorable result in a trial.

Genetic Information Nondiscrimination Act of 2008

Protects employees from having their genetic data used against them in the workplace; signed into law by President Bush.

Glass Ceiling Act of 1991

An amendment to Title II of the Civil Rights Act of 1991 addressing societal, internal structure, and government barriers to the advancement of women and minorities.

Griggs v. Duke Power

Established that job requirements must be related to the job and that lack of intention to discriminate is not a defense against disparate impact claims.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Reduced the number of documents allowable to prove identity and employment eligibility and established pilot verification programs.

Immigration Act of 1990

Required prevailing wages be paid to H-1B immigrants and restricted H-1B visas to $65,000$ annually (plus $20,000$ for advanced degrees).

Immigration and Nationality Act (INA)

Eliminated national origin, race, and ancestry as bars to immigration; focused on family reunification and specialized skills.

Intellectual property

Creations or inventions protected by laws such as patents, trademarks, or copyrights.

Internal Revenue Service (IRS)

The U.S. government agency responsible for collecting taxes and enforcing tax laws.

Jespersen v. Harrah’s Operating Co.

Established that a dress code requiring women to wear makeup does not constitute unlawful sex discrimination under Title VII.

Jurisdiction

The right and power to interpret and apply the law, often within a specific geographical region.

Labor-Management Relations Act (LMRA)

Also known as Taft–Hartley; prohibited closed shops, allowed 'right to work' laws, and established an $80$-day cooling-off period for national emergency strikes.

Labor-Management Reporting and Disclosure Act (LMRDA)

Also known as Landrum–Griffin; provided a bill of rights for union members and controlled internal union operations.

Licensing

A written contract where the owner of a trademark or intellectual property gives rights to another to use, produce, or sell a product or service.

Lobbying

The act of monitoring and seeking to influence new labor laws and regulations by contacting government representatives.

Longshore and Harbor Workers’ Compensation Act

Provides workers’ compensation benefits for maritime workers injured on navigable waters, piers, docks, or terminals.

Mental Health Parity Act (MHPA)

Required insurers to provide the same limits for mental health benefits as those provided for other types of health benefits.

National Labor Relations Act (NLRA)

Also known as the Wagner Act; protected the right of workers to organize and bargain collectively and established the NLRB.

Needlestick Safety and Prevention Act

Mandated recordkeeping for needle-stick and sharps injuries and required employee involvement in developing safer devices.

NLRB: IBM Corp.

A decision that reversed the 2000 Epilepsy ruling, withdrawing Weingarten rights from nonunion employees.

NLRB: M. B. Sturgis, Inc.

Established that temporary employees may be included in a client company’s bargaining unit without the specific consent of both the employer and temp agency.

NLRB v. J. Weingarten, Inc.

Supreme Court case establishing that union employees have the right to request representation during investigatory interviews that could lead to discipline.

Norris–La Guardia Act

Protected the right to organize and outlawed yellow-dog contracts.

Payne v. The Western & Atlantic Railroad Company

A legal case that defined the concept of employment at will.

Personal Responsibility and Work Opportunity Reconciliation Act

Required employers to provide information on new or rehired employees to state agencies to enforce child support orders.

Pension Protection Act of 2006 (PPA)

Requires full funding of pension plans and allows employers to automatically enroll employees in $401(k)$ plans.

Pharakhone v. Nissan North America, Inc.

Established that employees violating company rules while on FMLA leave may be terminated.

Phason v. Meridian Rail Corp.

Established that WARN Act notice requirements are triggered by employee counts on the date of layoff, even if a buyer hires them shortly after.

Proprietary

Relating to rights of property ownership over key information, materials, or methods developed by an organization.

Public Contracts Act (PCA)

Also known as the Walsh–Healey Act; required contractors to pay prevailing wage rates.

Railway Labor Act

Protected unionization rights and allowed for a $90$-day cooling-off period to prevent strikes for railroads and unions.

Rehabilitation Act of 1973

Prohibits discrimination in employment; Sections $501$, $503$, and $505$ detail employment discrimination, remedies, and contractor compliance for disabilities.

Repa v. Roadway Express, Inc.

Established that employees on FMLA receiving disability payments cannot be forced to use accrued sick or vacation leave.

Retirement Equity Act

Lowered age limits for pension participation/vesting and required written spousal consent to waive survivor benefits.

Rule of law

A political system where the law is supreme, no individual is above the law, and everyone must obey it.

Service Contract Act (McNamara O’Hara)

Required government contractors with contracts exceeding $2500$ to pay prevailing wages and provide safe working conditions.

Sherman Antitrust Act

Controlled business monopolies and allowed court injunctions to prevent restraint of trade; used to restrict unionization.

Sista v. CDC Ixis North America, Inc.

Established that employees on FMLA may be terminated for legitimate, nondiscriminatory reasons unrelated to their FMLA rights.

Small Business Job Protection Act

Redefined highly compensated individuals and simplified $401(k)$ tests and qualified plan requirements.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

Provided a Small Business Administration (SBA) ombudsman to act as an advocate in the regulatory process.

Smith v. City of Jackson, Mississippi

Established that the ADEA permits disparate impact claims for age discrimination similar to those for sex and race.

Supra-national laws

Agreements, standards, and laws that transcend national boundaries, such as EU directives.

Taxman v. Board of Education of Piscataway

Found that preference may not be given to protected classes in layoff decisions without past discrimination or underrepresentation.

Taylor v. Progress Energy, Inc.

Established that the waiver of FMLA rights in a severance agreement is invalid.

Uniform Guidelines on Employee Selection Procedures (UGESP)

Established guidelines to ensure selection procedures are job-related and valid predictors of success.

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

Protects the rights of reservists called to active duty, providing reemployment and benefits rights; administered through VETS.

Velazquez-Garcia v. Horizon Lines of Puerto Rico, Inc.

Established that the burden of proof is on the employer to show a termination was not related to military service under USERRA.

Visas and work permits

Documents used by countries to control immigration; work permits are typically required for foreign jobs lasting $6$ months or more.

Walsh–Healey Public Contracts Act of 1936

Requires contractors with contracts exceeding $10,000$ (non-construction) to pay the prevailing wage as established by the Secretary of Labor.

Washington v. Davis

Established that selection tools with adverse impact are lawful if validated to show future job success.

World Trade Organization (WTO)

An international body where members negotiate trade barriers and adjudicate trade disputes.

Works council

Groups that represent employee rights and function like trade unions; most common in Europe and the United Kingdom.