Just starting out in the Labor & Employment Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Labor & Employment Law matters competently. Read on for a quick primer!
Disparate Treatment/ Employment Discrimination (buzz words: pay discrimination; family responsibility discrimination): Disparate treatment occurs when people are treated differently, with respect to the terms and conditions of employment, because of their race, color, sex, national origin, religion, age or mental or physical disability. Employment discrimination occurs when an employee is treated differently from others in the workforce due to their race, gender (sex), national origin, religion, age, or disability.
Employer Retaliation: Title VII of the Civil Acts Right of 1964 forbids employers from discriminating based on “race, color, religion, sex, or national origin.” The Act includes an anti-retaliation provision prohibiting employers from discriminating against employees and job applicants who complain of practices that are illegal under Title VII. Adopting a broader test for retaliation under Title VII than had previously existed in many federal judicial circuits, the Supreme Court of the United States in Burlington Northern v. White concluded that a plaintiff may establish retaliation under Title VII by demonstrating that his or her employer has purposefully acted in a manner that would dissuade a reasonable employee from making or supporting a charge of discrimination. [Burlington Northern v. White, No. 05-529, 2006 U.S. LEXIS 4895 (June 22, 2006)]
Family Responsibility Discrimination: Growing phenomenon of employees suing employers for discriminating against them because of their caregiving responsibilities at home.
Form I-9: Under the Immigration Reform and Control Act of 1986, all employers are required to verify the identity and the eligibility of all employees hired after November 6, 1986 to work in the United States by using the Immigration and Naturalization Service Form I-9, “Employment Eligibility Verification Form.” Compliance with this form is essential for all employers.
Pay discrimination: Discrimination in payment of wages by employers; important term in light of Supreme Court decision Ledbetter v. Goodyear Tire & Rubber Co. (2007 US LEXIS 6295 (May 29, 2007)).
Unjust Dismissal: Dismissal of an employee in an arbitrary or unjust fashion, contrary to statute or in violation of a collective bargaining agreement.
For Pension & ERISA terms, just click on the link below.