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SHRM-2024-Employment-Law-2-of-2

Karen Burton

U.S. Employment Law and Regulations (Part 2 of 2)

National Federation of Independent Business v. Sebelius Self-employed individuals hired on a contract basis for specialized services.
Griggs v. Duke Power U.S. act that imposed several restrictions and requirements on unions.
Patient Protection and Affordable Care Act (PPACA) Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination.
Quid pro quo harassment U.S. act that prohibits discrimination against a qualified individual with a disability because of his/her disability.
Bona fide occupational qualification (BFOQ) U.S. case that set the standard for determining whether discrimination based on disparate impact exists.
National origin Union employees’ right in U.S. to have a union representative or coworker present during an investigatory interview.
Electronic Communications Privacy Act 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.
Labor-Management Relations Act (LMRA) 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.
Weingarten rights 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.
Independent contractors 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.
Americans with Disabilities Act (ADA) 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.
Burlington Industries, Inc. v. Ellerth 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.
Vesting U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.
Workweek Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours).
Uniform Guidelines on Employee Selection Procedures Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth.
Protected class People who are covered under a particular federal or state antidiscrimination law.
National Labor Relations Act (NLRA) 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.
Sexual orientation First comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.
Civil Rights Act of 1964 U.S. act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Adverse impact U.S. act that protected and encouraged the growth of the union movement; established workers’ rights to organize and bargain collectively with employers.
Faragher v. City of Boca Raton 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.
Older Workers Benefit Protection Act (OWBPA) U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.
Uniformed Services Employment and Reemployment Rights Act (USERRA) U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Lilly Ledbetter Fair Pay Act U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Ledbetter v. Goodyear Tire and Rubber Company Process by which a retirement benefit becomes nonforfeitable.
Employee Retirement Income Security Act (ERISA) U.S. act that made it unlawful to intercept messages in transmission, access stored information on electronic communication services, or disclose any of this information.
Overtime pay Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as disparate impact.
Pregnancy Discrimination Act 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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