Term
| Equal Opportunity in Employment |
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Definition
- The right of all employees and job applicants
(1) to be treated without discrimination
(2) to be able to sue employers if they are discriminated against |
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Term
| The VII of the Civil Rights Act of 1964 |
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Definition
A title of a federal statute enacted to eliminate job discrimination based on five protected classes:
Race
Color
Religion
Sex
National Origin
*Known as the "Fair Employment Practices Act" |
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Term
| Disparate-Treatment Discrimination |
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Definition
| A form of discrimination that occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion |
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Term
| Diparate-Impact Discrimination |
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Definition
A form of discrimination that occurs when an employer discriminates against an entire protected class.
--An Example: discrimination in which a racially neutral employment practice or rule causes an adverse impact on a protected class |
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Term
| Equal Employment Opportunity Commission (EEOC) |
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Definition
| The federal administrative agency that is responsible for enforcing most federal antidiscrimination laws |
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Term
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Definition
| Discrimination based on categories such as African American, Asian, Caucasian, and Native American |
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Term
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Definition
| Based no the color of a person's skin |
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Term
| National Origin or Heritage Discrimination |
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Definition
| Based on the country of a person's ancestors, a person's cultural characteristics, or a person's heritage |
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Term
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Definition
| Discrimination against a person solely because of their gender |
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Term
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Definition
| Lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature that occurs on the job |
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Term
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Definition
| Discrimination against a person because of his or her religion or religious practices |
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Term
| Bona Fide Occupational Qualification (BFOQ) |
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Definition
A true job qualification.
Employment discrimination based on a protected class (other than race or color) is lawful if it is 'job related' and a 'business necessity'.
- This exception is narrowly interpreted by the courts |
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Term
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Definition
A federal statute enacted after the Civil War that says all persons:
"have the same right... to make and enforce contracts.. as is enjoyed by white persons".
- It prohibits racial and national origin employment discrimination |
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Term
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Definition
A federal statute that protects both sexes from pay discrimination based on sex.
- It extends to jobs that require equal skill, equal effort, equal responsibility, and similar working conditions |
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Term
| Age Discrimination in Employment Act (ADEA) |
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Definition
| A federal statute, enacted in 1967, that prohibits age discrimination practices against employees who are 40 and older |
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Term
| Older Worker Benefit Protection Act (OWBPA) |
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Definition
| A federal statute that prohibits age discrimination in employee benefits |
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Term
| Americans with Disabilities Act (ADA) |
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Definition
| A federal statute that imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities |
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Term
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Definition
| A title of a federal statute that prohibits employment discrimination against qualified individuals with disabilities in regard to job application procedures, hiring, compensation, training, promotion, and termination |
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Term
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Definition
| A policy which provides that certain job preferences will be given to minority or other protected-class applicants when an employer makes an employment decision |
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Term
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Definition
| Discrimination against a group that is usually thought of as a majority |
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Term
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Definition
| Compensation paid to workers and their families when workers are injured in connection with their jobs |
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Term
| Occupational Safety and Health Act |
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Definition
| A federal act enacted in 1970 that promotes safety in the workplace |
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Term
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Definition
| An OSHA standard that addresses a safety problem of a specific duty nature (e.g., requirement for a safety guard on a particular type of equipment). |
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Term
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Definition
| A duty that an employer has to provide a work envrionment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees |
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Term
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Definition
A federal act enacted in 1938 to protect workers.
- It prohibits child labor and spells out minimum wage and overtime pay requirements |
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Term
| Consolidated Omnibus Budget Reconciliation Act (COBRA) |
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Definition
| A federal law that permits employers and their beneficiaries to continue their group health insurance after employee's employment has ended |
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Term
| Employee Retirement Income Security Act (ERISA) |
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Definition
| A federal act designed to prevent fraud and other abuses associated with private pension funds |
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Term
| Family and Medical Leave Act (FMLA) |
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Definition
| A federal act that guarantees workers up to 12 weeks of unpaid leave in a 12-month period to attend to family and medical emergencies and other situations |
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Term
| Federal Unemployment Tax Act (FUTA) |
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Definition
| A federal act that requires employees to pay unemployment taxes and under which unemployment compensation is paid to workers who are temporarily unemployed |
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Term
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Definition
| A federal system that provides limited retirement and death benefits to covered employees and their dependents |
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Term
| Federal Insurance Contributions Act (FICA) |
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Definition
Under this act, Employees must make contributions (pay taxes) into the social security fund
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Term
| Self-Employment Contributions Act |
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Definition
| Self-employed individuals must pay social security contributions too |
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Term
| Intellectual Property Rights |
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Definition
Patents, copyrights, trademarks, trade secrets, trade names, domain names, and other valuable business assets
--Federal and state laws protect intellectual property rights from misappropriation and infringement |
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Term
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Definition
| A product formula, pattern, design, compilation of data, cutomer list, or other business secret |
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Term
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Definition
| A 1952 federal statute that establishes the requirements for obtaining a patent and protects patented inventions from infringement |
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Term
| One-Year "On Sale" Doctrine |
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Definition
A doctrine that says a patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application
-- Also known as the "Public Use Doctrine" |
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Term
| American Inventors Protection Act |
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Definition
| A federal statute that permits an inventor to file a provisional application with the U.S. Patent and Trademark Office three months before the filing of a final patent application, among other provisions |
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Term
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Definition
Unauthorized use of another's patent.
-- A patent holder may recover damages and other remedies against a patent infringer |
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Term
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Definition
A 1976 federal statute that:
(1) establishes the requirements for obtaining copyright and,
(2) protects copyrighted works from infringement |
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Term
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Definition
An infringement that occurs when a party copies a substantial and material part of a plaintiff's copyrighted work without permission.
-- A copyright holder may recover damages and other remedies against the infringer |
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Term
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Definition
| A doctrine that permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder |
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Term
| No Electronic Theft Act (NET Act) |
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Definition
| A federal statute that makes it a crime for a person to willfully infringe on a copyright work that exceeds $1,000 in retail value |
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Term
| Digital Millennium Copyright Act (DMCA) |
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Definition
| A federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology or the manufacture and distribution of technologies designed for the purpose of circumventing encryption protection of digital works |
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Term
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Definition
An amended federal statute that:
(1) establishes the requirements for obtaining a federal mark and,
(2) protects marks from infringement |
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Term
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Definition
| The collective name for trademarks, service marks, certification marks, and collective marks that can be trademarked |
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Term
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Definition
| A distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business |
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Term
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Definition
| A mark that distinguishes the services of the holder from those of its competitors |
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Term
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Definition
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Term
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Definition
| A brand name that has evolved frmo an ordinary term or phrase |
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Term
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Definition
Unauthorized use of another's mark.
--The holder may recover damages and other remedies from the infringer |
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Term
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Definition
| A term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection |
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Term
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Definition
| A federal statute that protects famous marks from dilution, erosion, blurring, or tarnishing |
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