agreement allows an employer to terminate an employment relationship without providing a cause to the employee and without legal liability as a general rule
at-will employment
a termination of employment that results in legal liability
wrongful discharge
the person who notifies proper authorities of a violation of law by a company or its employees
whistle-blower
makes it unlawful for an employer to discriminate against an existing employee or job applicant based on their race, color, national origin, sex, or religion
Title VII of the Civil Rights Act of 1964
treating an applicant differently from others in regard to work-related acts that may result in liability to an employer, which include, but are not limited to, decisions regarding hiring, promotion, tenure, compensation, and termination if the decisions are made based on a protected class such as national origin, race, or color
Discrimination
encompassing ancestry, cultural identification, cultural association, or a perceived belief that a person is associated with a certain ancestry or culture
race
encompassing those who are born in a certain nation or descendants of someone who was born in a certain nation
National origin
encompassing a person’s skin pigmentation or the general shade of their complexion
color
occurs when an employer treats an employee differently based on a protected class characteristic
Disparate treatment
arises when an employer’s job requirements or hiring qualifications have a discriminatory effect, even though the employer’s policy was not discriminatory on its face
Disparate impact
the EEOC, and ultimately a court, may look at the [ ] to determine if a job application requirement or another employment qualification is discriminatory in effect
rates of hiring
Sex discrimination is also referred to as
gender discrimination
also prohibits a company from providing unequal pay between men and women performing substantially the same job functions
Equal Pay Act of 1963
the refusal to hire family members or spouses is referred to as an
anti-nepotism policy
employers are prohibited from discriminating against employees because of their age if the employee is forty years old or older
Age Discrimination in Employment Act of 1967
an amendment to the Age Discrimination in Employment Act of 1967 and generally prevents employers from discriminating against older workers when providing fringe benefits such as severance benefits, health insurance benefits, or disability benefits because of the age of the affected employees
Older Workers Benefit Protection Act of 1990
a term used to describe employment benefits available to an employee other than their wage or salary
Fringe benefits
employers are prohibited from discriminating in employment-based decisions against someone because of their disability
Americans with Disabilities Act of 1990 (ADA)
makes it unlawful for an employer to discriminate in employment-related decisions if the discrimination is based on a person’s genetic information or a family member’s genetic information
Genetic Information Nondiscrimination Act of 2008
quid pro quo or hostile work environment
harassment
employment decision is based on a member of
a protected class being subject to offensive behavior as a condition of employment
Quid pro quo
occurs when a workplace becomes hostile
because of an employee’s membership in a protected class and the reasonable person would find the workplace intimidating
Hostile work environment
occurs when an employee quits their job because their workplace was a hostile work environment
Constructive discharge
Latin term meaning “on first appearance” and has the effect of creating a presumption the party has met their burden of proof with the evidence provided
Prima facie
