SHRM CP - U.S. Employment Laws & Regulations

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72 Terms

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Vesting

Process by which a retirement benefit becomes nonforfeitable.

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National origin

Refers to the country (including those that no longer exist) of one's birth or of one's ancestors' birth.

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Independent contractors

Self-employed individuals hired on a contract basis for specialized services.

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Civil Rights Act of 1991

U.S. act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

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Patient Protection and Affordable Care Act (PPACA)

2010 U.S. law that requires virtually all citizens and legal residents to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a penalty

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Occupational illness

Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.

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Pregnancy Discrimination Act (PDA)

U.S. act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

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Fair and Accurate Credit Transactions Act (FACT Act)

U.S act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the Fair Credit Reporting Act in certain cases.

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Lilly Ledbetter Fair Pay Act

U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.

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Weingarten rights

Union employees' right in U.S. to have a union representative or coworker present during an investigatory.

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Americans with Disabilities Act (ADA)

U.S. act that prohibits discrimination against a qualified individual with a disability because of his/her disability.

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Genetic Information Nondiscrimination Act (GINA)

U.S act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance

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Uniformed Services Employment and Reemployment Rights Act (USERRA)

U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services

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Portal-to-Portal Act

U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.

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General Duty Clause

Statement in U.S. Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work environment.

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Faragher v. City of Boca Raton

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

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Reasonable accommodation

Modifications or adjustments to a job or job application process that accommodate persons with disabilities but do not impose a disproportionate or undue burden on the employer.

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Worker Adjustment and Retraining Notification (WARN) Act

U.S. act that requires some employers to give a minimum of 60 days' notice if a plant is to close or if mass layoffs will occur.

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Disparate treatment

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class

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Quid pro quo harassment

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior's sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.

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Essential functions

Primary job duties that a qualified individual must be able to perform, either with or without reasonable accommodation.

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Lechmere, Inc. v. NLRB

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.

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National Federation of Independent Business v. Sebelius

U.S. Supreme Court ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirement that states expand Medicaid was not

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Occupational Safety and Health (OSH) Act

U.S. act that established the first national policy for workplace safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees.

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Civil Rights Act of 1964

First comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin

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Equal Employment Opportunity Act

U.S act that amended Title VII and gave the Equal Employment Opportunity Commission authority to back up its administrative findings and conduct its own enforcement litigation

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Employment Practices Liability Insurance (EPLI)

Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated.

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Employee Retirement Income Security Act (ERISA)

U.S. act that established uniform minimum standards to ensure that employee benefit and pension plans are set up and maintained in a fair and financially sound manner.

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Fair Labor Standards Act (FLSA)

U.S act that establishes minimum wage, overtime pay, youth employment, and record-keeping standards affecting full- and part-time workers in the private sector and in federal, state, and local governments.

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Labor Management Reporting and Disclosure Act (LMRDA)

U.S. act that imposed regulations on internal union affairs and the relationship between union officials and union members.

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Workweek

Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours).

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Burlington Industries, Inc. v. Ellerth

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

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Disability

Physical or mental impairment that substantially limits one's major life activities.

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Gender identity

Refers to one's internal, personal sense of being a man or a woman (or boy or girl), which may or may not be the same as one's sexual assignment at birth.

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Phillips v. Martin Marietta Corporation

1971 U.S. case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children.

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Griggs v. Duke Power

U.S. case that set the standard for determining whether discrimination based on disparate impact exists.

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Occupational injury

Injury that results from a work-related accident or exposure involving a single incident in the work environment.

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Public comment period

Time allowed for the public to express its views and concerns regarding an action of an administrative agency.

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Sexual orientation

Sexual, romantic, or emotional/spiritual attraction that one feels for persons of the opposite sex or gender, the same sex or gender, or both sexes and more than one gender.

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Adverse impact

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as disparate impact.

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Disparate impact

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as adverse impact.

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Regulation

Rule or order issued by an administrative agency of government, which usually has the force of law.

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Exempt employees

Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements.

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Age Discrimination in Employment Act (ADEA)

U.S. act that prohibits discrimination in the workplace on the basis of age.

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National Defense Authorization Act (NDAA)

U.S. act that expanded FMLA leave for employees with family members who are covered members of the military.

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Older Workers Benefit Protection Act (OWBPA)

U.S. act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided standards that an employee's waiver of the right to sue for age discrimination must meet in order to be upheld by a court.

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Amendment

Modification of the U.S. Constitution or a U.S. law.

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Bill

A proposal presented to a legislative body for possible enactment as a statute.

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Veto

Action of rejecting a bill or statute.

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Bona fide occupational qualification (BFOQ)

Factor (such as religion, gender, national origin, etc.) that is reasonably necessary, in the normal operations of an organization, to carry out a particular job function.

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Immigration Reform and Control Act (IRCA)

U.S. act that prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers.

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Family and Medical Leave Act (FMLA)

U.S act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee.

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Drug-Free Workplace Act

U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify that they are maintaining a drug-free workplace.

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Ledbetter v. Goodyear Tire and Rubber Company

2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame.

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Comparable worth

Concept that jobs filled primarily by women that require skills, effort, responsibility, and working conditions comparable to similar jobs filled primarily by men should have the same classifications and salaries.

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Hostile environment harassment

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual's performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee's psychological well-being.

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Overtime pay

Required for nonexempt workers under U.S. Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a workweek.

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Prudent person rule

States that a fiduciary of a plan covered by the U.S. Employee Retirement Income Security Act has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable, prudent investor would under similar circumstances.

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ADA Amendments Act (ADAAA)

Amendments to U.S. Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules to guide the analysis of what constitutes a disability.

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Nonexempt employees

Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements.

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National Labor Relations Act (NLRA)

U.S. act that protected and encouraged the growth of the union movement; established workers' rights to organize and bargain collectively with employers.

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Sarbanes-Oxley Act (SOX)

U.S. act that requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud,.

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Labor-Management Relations Act (LMRA)

U.S. act that imposed several restrictions and requirements on unions.

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Fair Credit Reporting Act (FCRA)

U.S act that protects privacy of background information and ensures that information supplied is accurate.

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Vicarious liability

Legal doctrine under which a party can be held liable for the wrongful actions of another party.

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Equal Pay Act (EPA)

U.S. act that prohibits wage discrimination by requiring equal pay for equal or substantially equal work performed by men and women.

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NLRB v. Weingarten

Landmark 1975 U.S. labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews.

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Uniform Guidelines on Employee Selection Procedures

Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination

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Employees

Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Standards Act regulations as determined by the IRS.

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Protected class

People who are covered under a particular federal or state antidiscrimination law.

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Employee Polygraph Protection Act (EPPA)

U.S. act that prevents private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment, with certain exemptions.

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Consolidated Omnibus Budget Reconciliation Act (COBRA)

U.S. act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage.