Affirmative Action - Granting certain advantages or preferences to a group in order to overcome the effects of previous or current discrimination against that group
Appropriate Bargaining Unit - A group of workers determined by the National Labor Relations Board to be suitable to decide if they want union representation
Bona Fide Occupational Qualification - It is legal to discriminate in favor of certain groups if membership in those groups is absolutely required to perform a certain job effectively
Common Law - Law made by judges
Discrimination - The unfair treatment of some group based on characteristics which don't relate to job performance
Disparate Impact - Behavior which, although not intended to be discriminatory, has differential impacts on different ethnic, racial, religious or gender groups
Disparate Treatment - Deliberate discrimination
Duty of Fair Representation - The obligation of a union to speak for all members of the bargaining unit equally and without invidious discrimination
Employment at Will - The legal doctrine that, in the absence of a written contract that provides otherwise, an employee may be terminated at any time for any reason
Exclusive Representation - The rule that one and only one union may represent a group of workers for purposes of collective bargaining
Exempt Employees - Those not covered by th e Fair Labor Standards Act
Experience Rating - Basing unemployment compensation taxes on the amount of job instability attributable to that employer
Featherbedding - The practice of a union demanding and receiving payment for members who do work which the employer believes is unnecessary (i.e. which does not add to output).
Hostile Environment - A form of sexual harassment in which the surroundings are allowed to become unpleasant in a way that relates to gender
Injunctions - A court order to an individual or group forbidding certain behavior
Mixed Motive Cases
- Discrimination cases in which the employer's decision was based on both
legal and prohibited factors
Non-exempt Employees
- Those covered by the Fair Labor Standards Act
Portability - A pension
is portable when an employee can continue to participate in the same pension
program even if he/she changes jobs
Quid Pro Quo - A form
of sexual harassment in which hiring or job advancement is made contingent
on a relati
onship with the person who has the power to offer jobs or advancement
Race Norming - Setting
different passing standards on tests for different racial groups
Reasonable Accommodation
- What employers must be willing to do for disabled employees
Secondary Strikes and
Boycotts - Attempts by a union to bring p
ressure on an employer with whom
it has a dispute by taking action against other employers with whom that
employer does business
Sexual Harassment -
A form of gender discrimination
Social Security - A
set of federal programs designed to provide pensions, health care, and
protection from the financial consequences of disability
Unfair Labor Practices
- Specific management and union activities forbidden by the National Labor
Relations Act
Union Security Agreements
- Collective bargaining provisions designed to protect the financial and
membership base of the union
Unwelcome Attention
- A form of sexual harassment in which employees continue to engage in
gender-based behav
ior which the recipient does not desire
Vesting - A pension
is vested when it cannot be taken away from the employee
Workers' Compensation
- State insurance programs to protect workers financially from the consequences
of job-related injuries
Yellow Dog Contracts
- Employment contracts prohibiting the empl
oyee from belonging to or joining
a labor union