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CPCU 530 - Chapter 13
Definitions
18
Other
Not Applicable
12/09/2007

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Term
Employment at will
Definition
a legal doctrine under which an employer may terminate any employee at any time for any reason or for no reason
Term
Wrongful discharge
Definition
a cause of action an employee may have against an employer for illegal termination of employment
Term
Bona fide occupational qualification (BFOQ)
Definition
the minimum qualification, under federal antidiscrimination laws, that an employee needs in order to be able to perform the duties of a particular job
Term
Disparate treatment theory
Definition
a legal basis for an employment discrimination complaint requiring the plaintiff to establish the employer’s practice or intentionally treating individuals differently solely because of their sex, race, color, religion, or national origin
Term
Disparate impact theory
Definition
a legal basis for an employment discrimination complaint requiring the plaintiff to establish that an apparently neutral employment practice or criterion, applied equally to all individuals, operated to exclude a disproportionate number of the protected class
Term
Quid pro quo sexual harassment
Definition
an employment discrimination claim in which the plaintiff alleges that job advancement has been conditioned on submission to sexual advances
Term
Hostile environment sexual harassment
Definition
an employment discrimination claim in which the plaintiff alleges sexual discrimination because his or her refusal to submit to sexual advances resulted in abusive conduct or an otherwise hostile work environment
Term
Constructive discharge
Definition
a situation created by an employer, through the conduct of a manager, a supervisor, or another employee, that is so intolerable that an employee has no alternative but to resign
Term
Affirmative action plan
Definition
a written plan that the federal government requires of employers with federal contracts, detailing how the employer will meet hiring goals for groups the law protects from discrimination
Term
Yellow dog contract
Definition
a labor agreement prohibited by the Norris-LaGuardia Act under which an employee is required to promise not to join a union
Term
Collective bargaining
Definition
a process by which employees, represented collectively by a union, negotiate (bargain) with the employer on a labor contract dealing with wages, hours, and working conditions
Term
Sit-down strike
Definition
the illegal seizure and occupation of a part of a plant by employees
Term
Sympathy strike
Definition
a strike by union members who have no grievance against their own employer to support another union in labor dispute
Term
General duty clause
Definition
an Occupational Safety and Health (OSH) Act requirement that employers comply with safety and health standards covering workplace conditions and operations and maintain workplaces free from recognized hazards likely to cause death or serious harm to employees
Term
Nonexempt employee
Definition
an employee who is paid by the hour and who receives hourly overtime pay
Term
Exempt employee
Definition
an employee who is paid a salary and who does not receive overtime pay
Term
Qualified beneficiary
Definition
an employee who is covered under a group health insurance plan the day before a qualifying event occurs and the employee’s spouse and dependent children if also covered under the plan
Term
Qualifying event
Definition
a termination of employment for any reason other than gross misconduct or a reduction in hours resulting in loss of coverage
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