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Module 6
Legal Environment II
| Term | Definition |
|---|---|
| Employment At Will | in the absence of a contractual agreement otherwise, an employee is free to leave employment at any time and for any reason; similarly, an employer is free to fire employees at any time and for any reason |
| Title VII of the Civil Rights Act of 1964 | This law prohibits discrimination based on race, sex, religion, national origin, and color for hiring, promotion, layoff, and discharge decisions. |
| Equal Employment Opportunity Commission (EEOC) | An Administrative Agency created to investigate and prosecute discrimination claims under Title VII of the Civil Rights Act of 1964. |
| Disparate Treatment | Disparate treatment is a Title VII discrimination theory where a plaintiff claims they were intentionally treated less favorably due to race, sex, religion, or national origin. The key is proving the company's discriminatory intent. |
| Disparate Impact | In disparate impact Title VII cases, the plaintiff doesn't need to prove the employer's discriminatory intent, only that the action's effect was discriminatory, usually against a class of people. The employer's practice must not be job-related |
| Sexual Harassment | Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature |
| Quid pro quo | Comes from the Latin phrase "one thing in return for another." If any part of a job is made conditional on sexual activity, there is quid pro quo sexual harassment |
| Hostile work environment | An employee has a valid claim of sexual harassment if sexual talk, imagery, or behavior becomes so pervasive that it interferes with the employee's ability to work to her best capacity |
| Merit | A defense to a Title VII claim for sexual harassment whereby Employers are allowed to select on merit and promote on merit without offending title VII's requirements |
| Seniority | Employers may also maintain seniority systems that reward workers who have been with the company for a long time |
| BFOQ | Bona Fide Occupational Qualification. This is a defense to a claim for discrimination under Title VII whereby the employer shows that the discriminatory action is job-related and the "essence of the business." |
| Affirmative Action | the intentional inclusion of minorities (specifically, Black and female employees) under a plan to remedy past instances of discrimination |
| Age Discrimination in Employment Act | Federal law that prohibits discrimination against employees aged 40 and up. |
| Qualified Disability | someone with a physical or mental impairment that substantially limits a major life activity or someone who is regarded as having such an impairment. |
| Reasonable accommodation | An allowance that is made for an employee that does not create undue hardship for the employer |
| Product Liability Law | the legal rules concerning who is responsible for defective or dangerous products. |
| Product Liability Claim | When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer |
| Manufacturing Defect | A product has a manufacturing defect when the product does not conform to the designer's or manufacturer's own specifications |
| Res Ipsa Loquitur | It indicates that the defect at issue would not exist unless someone was negligent |
| Strict Liability | In a product liability action, plaintiff does not need to prove that a manufacturer was negligent, but only that the product was defective. |
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