This is the second post in a series discussing some basic employment law terms. I hope this will help employers better understand the words that frequently come up in employment law. If there’s a term you’re wondering about that isn’t discussed here, let me know.
(Make sure to check out Employment Law Terms (A-C) if you haven’t already.)
D
“Disability”: A protected category under state and federal employment discrimination laws. The ADA requires that an individual be substantially limited in one or more major life activities. The New York State Human Rights Law, however, essentially only requires a physical, mental, or medical impairment.
“Discipline”: Action taken against an employee for poor performance or misconduct. Can range from a verbal counseling to termination of employment.
“Discrimination”: Adverse employment action against one or more employees (or applicants) based on a protected characteristic. Read here to find out more about responding to employment discrimination complaints.
“Disparate impact”: Discrimination that results from facially neutral policies or practices based on disproportionate negative effect on one or more groups based on a legally protected characteristic. Sometimes called unintentional discrimination.
“Disparate treatment”: Discrimination where an employee is treated differently based on a protected characteristic. Usually considered to be intentional discrimination.
“DOL”: Department of Labor. Could refer to either the United States Department of Labor or a state department, such as the New York State Department of Labor. Both the U.S. DOL and NYSDOL have broad jurisdiction with various sub-agencies regulating various aspects of the employment relationship.
“Due process”: Requirement that the employer act fairly in disciplining an employee, for example. Generally, a constitutional protection that only directly applies to public (government) employers. However, where employees have just cause protection, some form of due process is inherently required.
“Duty of fair representation”: A union’s obligation to represent all members of a bargaining unit fairly and equally. Breach of this duty can serve as the basis for a lawsuit by an employee against the union, with a corresponding claim of breach of the collective bargaining agreement against the employer.
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“EAP”: Employee Assistance Program. Many employers have arrangements in place to provide free and confidential assessments, short-term counseling, referrals, and follow-up services to employees who have personal and/or work-related problems.
“EEOC“: The U.S. Equal Employment Opportunity Commission. The agency that enforces most federal employment discrimination laws, including Title VII, the ADA, the ADEA, GINA, and the Equal Pay Act.
“Employee”: Someone who performs work for an employer who doesn’t qualify as an independent contract (or, in limited situations, as a volunteer). Misclassifying an employee as an independent contractor causes a host of problems.
“Employer”: Any person or entity that permits individuals to perform work on their behalf, unless all such work is performed by bona fide independent contractors or volunteers (where applicable).
“Equal Pay Act”: A federal law that prohibits sex discrimination in compensation for employees who perform the same work at the same location.
“ERISA”: The federal Employee Retirement Income Security Act. This law sets minimum standards for most voluntarily established pension and health plans in private industry. Its focus is to protect employees participating in these plans.
“ESOP”: Employee Stock Ownership Plan. (Not Aesop.) An employee benefit plan allowing employees to purchase stock in the company with particular tax benefits.
“Exempt”: Most often used to refer to an employee who is not eligible to receive overtime pay. Federal and state laws have specific tests for determining which employees are exempt.
More Employment Law Terms Coming Soon
Stay tuned for the next installment of employment law terms: F-?
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