1. Chapter 7 Employment Law Halsey/McLaughlin, Legal Environment You will be able to answer the following questions after reading this chapter: What is an independent contractor? What is employment at will? What is workers’ compensation? What laws protect workers from employment discrimination? What laws protect workers who have been laid off, are disabled, or are retired? What constitutes sexual harassment? How is employee privacy protected?

2. Employee or Independent Contractor Halsey/McLaughlin, Legal Environment Employer: The party to the employment relationship who hires workers and pays their wages or salary in exchange for the workers’ performance of work. Employee: The party to the employment relationship who is hired by an employer to perform work. Independent Contractor: A party hired to perform a specific service. How the independent contractor completes the task is beyond the control of the person who hires him or her.

3. Employment at Will Halsey/McLaughlin, Legal Environment Employment at Will: A doctrine providing that either party has the power to terminate the employment relationship at any time and for any reason.

4. Labor Relations Halsey/McLaughlin, Legal Environment Collective Bargaining Agreement: A contract between an employer and a union that regulates employees’ working conditions. Its terms are negotiated by the employer and representatives of the bargaining unit. Union: An organization composed of workers who have joined together to negotiate with an employer on behalf of its members’ interests regarding working conditions and other job-related issues. Bargaining Unit: A group of employees who have been authorized to engage in collective bargaining on behalf of other employees. National Labor Relations Board: A federal agency that monitors employer-union relations.

5. Common Law Claims Halsey/McLaughlin, Legal Environment Contributory Negligence: A tort law concept that provides that an employee’s contribution to his or her injury makes the employer not or less liable for the employee’s injury. Assumption of the Risk: Under the law of torts, the act of assuming the risk of loss or injury by taking a dangerous job or engaging in a dangerous activity.

6. Workers’ Compensation Halsey/McLaughlin, Legal Environment Workers’ Compensation Statutes: State statutes in every state that provide that so long as an employee is injured during the course of employment, the employee is able to file a claim for specific damages for specific injuries without a lawsuit or proof of the employer’s fault.

7. Occupational Safety and Health Act of 1970 Halsey/McLaughlin, Legal Environment Occupational Safety and Health Act of 1970: A federal statute that is meant to protect employees’ safety and health while on the job through workplace safety standards. Occupational Safety and Health Administration (OSHA): A federal agency that sets standards and regulations, enforces the relevant legislation, and makes workplace inspections. Occupational Safety and Health Review Commission: A federal agency that acts as a review board to hear appeals from measures taken by OSHA. National Institute for Occupational Safety and Health: A federal agency that conducts research on workplace safety and makes recommendations to OSHA.

8. Family and Medical Leave Act of 1993 Halsey/McLaughlin, Legal Environment Family and Medical Leave Act of 1993 (FMLA): A federal statute mandating that certain employers must provide an eligible employee up to a total of 12 weeks of unpaid leave during any 12- month period.

9. Discrimination Halsey/McLaughlin, Legal Environment Employment Discrimination: A set of laws that prohibits an employer from treating certain employees or applicants differently because of their status as a member of a protected group. Title VII of the Civil Rights Act of 1964: A federal statute that prohibits discrimination in hiring, firing, promotion, compensation, or any other aspect of employment based on race, color, religion, national origin, and gender.

10. Discrimination Halsey/McLaughlin, Legal Environment Equal Employment Opportunity Act of 1972: A federal statute that created the EEOC. Equal Employment Opportunity Commission (EEOC): A federal agency that administers and enforces the provisions of Title VII and other employment discrimination laws. Age Discrimination in Employment Act (ADEA): A federal statute that makes it illegal to discriminate against an employee or job applicant over 40 years of age because of his or her age. Equal Pay Act: A federal statute requiring that men and women be paid the same for work that requires equal levels of skill, effort, and responsibility, performed under similar conditions. Americans with Disabilities Act (ADA): A federal statute that prevents employers from discrimination against employees with disabilities that can be remedied with reasonable accommodations.

11. Intentional versus Unintentional Discrimination Halsey/McLaughlin, Legal Environment Disparate Treatment Discrimination: A type of illegal discrimination that is intentional and discriminatory on its face. Disparate Impact Discrimination: A type of illegal discrimination in which nondiscriminatory actions, neutral on their face, can have a discriminatory impact on protected groups of people.

12. Affirmative Action Halsey/McLaughlin, Legal Environment Affirmative Action: A policy that gives preference to protected individuals based on their race, color, religion, national origin, and gender, if the protected individuals are otherwise qualified for the position.

13. Income Security Halsey/McLaughlin, Legal Environment Federal Unemployment Tax Act of 1935: A federal statute that provides unemployment compensation to the involuntarily unemployed. Unemployment Compensation: Payments made to the involuntarily unemployed individuals.

14. Income Security Halsey/McLaughlin, Legal Environment Social Security Act of 1935 (SSA): A federal statute that provides for Social Security payments for the aged and disabled. Employee Retirement Income Security Act of 1974 (ERISA): A federal statute that provides standards and controls for pension and retirement plans.

15. Sexual Harassment Halsey/McLaughlin, Legal Environment Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other forms of unwelcome conduct in the workplace. Quid Pro Quo Harassment: A type of sexual harassment that occurs when an employment decision is conditioned on sexual activity or the basis for the decision is the satisfaction of a sexual demand. Hostile Work Environment Harassment: A type of sexual harassment that occurs when there is a work environment pervasive with sexual advances, or unwelcome sex-related humor or comments.

16. Employee Privacy Halsey/McLaughlin, Legal Environment Electronic Communications Privacy Act of 1986: A federal statute that permits employers to monitor employee business-related electronic communications but not personal ones, unless by employee consent.