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Flashcards in 34/35 Deck (13)
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employee at-will

Oklahoma and 21 other states are this. you can be hired or fired for any reason as long as it isn't an illegal one, if you are a contract employee this takes away the will of it


wrongful discharge

whenever an employer discharges an employee in violation of the contract


public policy

courts have to make determinant about whats right for the greatest number of people


constructive discharge

when an employee feels so harassed or intimidated that they quit themselves, can carry punitive damages


occupational safety and health administration (OSHA)

designed to protect workers in their work environments and promote safe working conditions


workers compensation

designed to help an injured employee who was working within the scope of their employment, if outside the scope then it isn't covered. different value of damages.


protected class

a class of persons that cannot be discriminated against because of race, color, religion, national origin, gender or age, and disability


title VII

prohibits job discrimination on the basis of race, color, national origin, religion, and gender in the hiring, firing, or at anytime during the employment process


equal employment opportunity commission

monitors compliance with the title VII, they must be consulted first before a suit can be filed in district court


disparate treatment

intentional discrimination by an employer usually against a single individual


disparate impact

unintentional discrimination by employers of a group because of facially neutral practices they use in hiring, screening, and sometimes promotion process


prima facie case of disparate treatment

this means that the plaintiff has met the initial burden and will win unless the employer can present a legally acceptable defense.


what are the 4 things that have to be shown to sue on the basis of disparate treatment?

(1) member of protected class (2) applied and was qualified for the job in question (3) rejected by the employer (4) the employer continued to seek applicants or filled the position with a person not in the protected class