Employment Law

Title VII of the Civil Rights Act of 1964

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

Quid Pro Quo Harassment

Conditioning employment benefits or decisions on submission to unwelcome sexual conduct.

Hostile Work Environment

Unwelcome conduct based on a protected characteristic that is sufficiently severe or pervasive to create an abusive working environment.

Retaliation

Materially adverse action taken because an individual engaged in legally protected activity, such as reporting discrimination.

ADEA

Age Discrimination in Employment Act; generally protects employees and applicants age 40 or older from age discrimination.

OWBPA

Older Workers Benefit Protection Act; establishes requirements for valid waivers of ADEA claims, including certain severance agreements.

Pregnancy Discrimination Act (PDA)

Amends Title VII to prohibit discrimination because of pregnancy, childbirth, or related medical conditions.

Pregnant Workers Fairness Act (PWFA)

Requires covered employers to reasonably accommodate known limitations related to pregnancy, childbirth, or related medical conditions, absent undue hardship.

GINA

Genetic Information Nondiscrimination Act; prohibits employment discrimination based on genetic information and restricts its acquisition and disclosure.

ADA Disability Definition

A substantially limiting impairment, a record of such impairment, or being regarded as having an impairment.

Essential Job Functions

Fundamental duties of a position that a qualified individual must be able to perform with or without reasonable accommodation.

Marginal Job Functions

Incidental or secondary job duties that may be reassigned as a reasonable accommodation.

FMLA Intermittent Leave

Qualifying FMLA leave taken in separate blocks of time or through a reduced work schedule when legally permitted

FMLA Serious Health Condition

An illness, injury, impairment, or condition involving inpatient care or qualifying continuing treatment by a healthcare provider.

FLSA Compensable Time

Time an employee must be paid for under the FLSA, including work the employer suffers or permits and certain required activities.

FLSA Regular Rate

The rate used to calculate overtime, generally including most remuneration for employment except statutory exclusions.

FLSA Child Labor Restrictions

Federal rules restricting minors' working hours and occupations based on age and prohibiting certain hazardous work.

NLRA Section 7

Protects covered employees' rights to organize, bargain collectively, and engage in concerted activities for mutual aid or protection.

NLRA Section 8(a)

Defines employer unfair labor practices, including interfering with protected rights or discriminating against employees for union activity.

Weingarten Rights

Union-represented employees may request representation during investigatory interviews they reasonably believe could result in discipline.

Bona Fide Occupational Qualification (BFOQ)

A narrow exception allowing certain protected characteristics to be considered when reasonably necessary to normal business operations; race is excluded.

Four-Fifths Rule

A selection rate below 80% of the highest group's rate may indicate adverse impact and warrant further analysis.

Business Necessity

A defense in disparate-impact cases requiring the challenged employment practice to be job-related and consistent with business necessity.

Constructive Discharge

A resignation caused by working conditions so intolerable that a reasonable employee would feel compelled to leave.

WARN Act

Generally requires covered employers to provide 60 days' advance notice of certain plant closings and mass layoffs.

OSHA General Duty Clause

Requires covered employers to provide workplaces free from recognized hazards likely to cause death or serious physical harm.

Workers' Compensation

State-regulated insurance providing benefits for qualifying work-related injuries and illnesses, generally without requiring proof of employer fault.

ERISA Fiduciary Duty

Requires covered benefit-plan fiduciaries to act prudently and loyally in the interests of plan participants and beneficiaries.

HIPAA Privacy Rule

Protects certain health information held by covered entities and business associates, including covered group health plans.

COBRA Continuation Periods

Generally 18 months for termination or reduced hours; certain disability extensions reach 29 months, and specified events allow 36 months.

USERRA Five-Year Limit

Generally limits cumulative military service with one employer to five years for reemployment protection, subject to significant exceptions.

FMLA Interference

Denying, restraining, or interfering with an employee's exercise or attempted exercise of FMLA rights.

FMLA Retaliation

Taking adverse action against an employee for exercising or asserting protected FMLA rights.

Labor-Management Reporting and Disclosure Act (LMRDA)

Establishes union-member rights, financial reporting, and governance standards for covered labor organizations.

Employment at will: what is the rule?

Either party may generally end employment for any lawful reason, subject to legal and contractural exceptions

IRCA: What are 2 key employer obligations?

Verify employment eligibility and avoid knowingly hiring unauthorized workers or engaging in prohibited immigration-related descrimination

Form I-9 vs E-Verify?

I-9 documents employment eligibility verification; E-Verify electronically checks information against government records

E-Verify tentative nonconfirmation: what should HR do?

Follow the mismatch process and give the employee the required opportunity to resolve it; don’t treat as a final finding

FCRA: What precedes an employment decision based on a consumer report?

Provide the pre-adverse action notice, report copy, and Summary of Rights; follow required adverse action procedures if proceeding

FLSA: what determines exempt status?

The applicable exemption’s legal test including salary basis, salary level, and duties where required- not job title alone

FLSA: How is federal overtime generally measured?

For covered nonexempt employees, hours over 40 in each fixed work week- not averaged across a biweekly pay period

Equal Pay Act: Name its 4 defenses

Bona fide security system, merit system, production based system, or a factor other than sex

Title VII: Disparate Treatment vs Disparate Impact

Treatment: different treatment because of a protected trait. Impact: a neutral practice disproportionately disadvantages a protected group

Title VII Religious accommodation: what’s the standard?

Reasonably accommodate sincerely held religious practices unless the employer establishes undue hardship under the applicable standard

ADA: What is a reasonable accommodation?

An effective workplace adjustment enabling a qualified person with a disability to apply, perform essential functions, or access equal benefits

ADA vs FMLA: what is the key distinction?

FMLA provides qualifying job-protected leave; the ADA may require separate accommodation, including additional leave in appropriate cases

FMLA: what are the standard private sector employee eligibility tests?

12mo employed, 1250 service hours in the prior 12mo, and 50 employees within a 75 miles of relevant worksite; employer coverage also applies

FMLA: What are HR’s core notice duties?

Provide required eligibility and rights/ responsibilities notices, handle certification appropriately, and designate qualifying leave within applicable deadlines

COBRA: What does it provide?

Eligible beneficiaries may elect temporary continuation of group health coverage after qualifying events; they generally pay the premium

USERRA: What is the escalator principle

Eligible returning service members generally receive the position they would have attained with reasonable certainty absent military service

NLRA: What is protected concerted activity?

Covered employees acting together- or seeking group action- about wages, hours or other terms and conditions of employment