Classification Station
The default status of a worker in the U.S. which allows them to be fired for any reason not prohibited by law.
What is Employment at Will?
Favoritism shown toward family members in employment decisions.
What is Nepotism?
This Amendment protects public (government) employees against "unreasonable search and seizure" during drug tests.
What is the Fourth Amendment?
Harassment that involves a "this for that" trade, such as a sexual favor for a promotion.
What is Quid Pro Quo?
Under the ADA, these are tasks central to why a job exists that a disabled person must be able to perform .
What are Essential Functions?
This California test requires a hirer to prove a worker meets all three "prongs" to be considered an independent contractor.
What is the ABC Test?
This informal recruiting method carries a high risk of reproducing a homogeneous workforce and excluding protected groups .
What is Word-of-Mouth recruiting?
According to the ADA, these may only be required after a conditional offer of employment is made.
What is a Medical Examination?
To be actionable, this type of harassment must be "sufficiently severe or pervasive".
What is Hostile Environment Harassment?
The legal standard where an employer can refuse an ADA accommodation if it imposes "significant difficulty or expense".
What is Undue Hardship?
This specific prong of the ABC test is often the "dealbreaker" if the work is part of the company’s "usual course of business".
What is Prong B?
Federal law that prohibits employers from indicating a preference or limitation based on race, color, or religion in job ads.
What is Title VII of the Civil Rights Act?
This type of validation study requires a "job analysis" to see what skills are actually required for the position.
What is a Validation Study?
This term describes legal responsibility placed unconditionally on an organization for the actions of its top officials.
What is Vicarious Liability?
The name of the collaborative process between employer and employee to find a mutually agreeable accommodation.
What is the Interactive Process?
This IRS category looks at whether a business tells a worker when and where to work or what tools to use.
What is Behavioral Control?
Proactive efforts required of federal contractors to overcome the effects of past discrimination.
What is Affirmative Action?
This act prohibits employers from requesting, requiring, or purchasing genetic information about applicants.
What is GINA (Genetic Information Nondiscrimination Act)?
If no tangible action was taken, an employer can avoid liability by proving they had a sound policy and the employee failed to report.
What is an Affirmative Defense?
This constitutional "exception" prevents clergy and certain religious school teachers from suing their religious employers.
What is the Ministerial Exception?
The test used specifically to determine if an unpaid intern should actually be classified as a paid employee.
What is the Primary Beneficiary Test?
The doctrine that allows an employer to use evidence of applicant deception discovered after a lawsuit is filed to limit damages .
What is After-Acquired Evidence?
The term for adjusting test scores or using different cutoffs based on race, which is strictly prohibited.
What is Race Norming?
Under the negligence standard, employers are liable for coworker harassment if they "knew or should have known" and failed to do this .
What is take prompt and appropriate action?
Under Title VII, "moral and ethical beliefs sincerely held" are protected even if they fall under these two categories.
What are Atheism and Agnosticism?