HFT3603 Exam 4 Study Guide Agency a relationship which involves 2 parties principle and agent in which one person acts for or represents another based on authority voluntarily given by that other person Principle person who authorized someone else an agent to act on his behalf controls the method used by the agent to do the authorized tasks Ex employer Agent the person who is authorized the one who represents or acts for the principal consistent with the principal s direction Ex employee Independent Contractors people who contract to do work for someone else but are engaged in an independent business for themselves Tariff rule or condition of air travel that binds the airline and passengers developed by the airlines and approved by the federal Department of Transportation Small Claims Court a forum that encourages people to act as their own advocates without a lawyer Class Action Suit a legal device in which many people who have suffered losses from the same cause sue the defendant jointly Warsaw Convention an international treaty that set limits of liability for lost stolen damaged or mis delivered baggage until 2003 Montreal Convention new international treaty since 2003 that controls aspects of lawsuits against airlines for damages and injuries caused in the process of international airline travel E tickets aka electronic tickets paperless tickets representing reservations that are recorded exclusively in computer files Travel Insurance Insurance that may be purchased to protect against financial losses associated with trip cancellations injuries and other mishaps that can occur while on a trip Disclaimer a term in a contract that attempts to avoid all liability on the part of one party to the contract Errors and Omissions Insurance Insurance that covers the cost of defending a lawsuit and any adverse judgment resulting from failure to fulfill one s obligation to a client Credit Card Fraud use of a credit card that is stolen or otherwise unauthorized by the true cardholder Negligent Entrustment providing a product for use by another person knowing that person is likely to use the product in a dangerous manner Fair Labor Standards Act federal law adopted in 1938 to eliminate unfair methods of compensation and labor conditions injurious to the health and efficiency of workers Equal Pay for Equal Work a rule included in the Equal Pay Act EPA which requires that men and women who do virtually the same jobs that require equal or very similar skill effort and responsibility be paid the same or according to the same pay schedule Comparable Worth refers to jobs requiring different skills and responsibilities that have equal value to the employer one person may be paid more than the other At will Employment the employment contract between an employer and an employee is indefinite in duration and can be terminated by either party for any reason or no reason at any time without liability Protected Classes race skin color religion gender pregnancy national origin disability age if the employee is at least 40 years old and union membership Disparate Treatment discriminations intentional discrimination based on considerations of race color religion gender or national origin Disparate Impact discrimination discrimination which involves neutral practices that result often unintentionally in unequal treatment Equal Employment Opportunity Commission EEOC a federal government agency that is charged with enforcing Title VII s mandates against discrimination covers employers with 15 or more employees Back Pay item of damages in a discrimination case refers to the difference b w the amount of money an employee would have earned in the absence of discrimination and the amount of money the employee earned as the victim of discrimination Bona Fide Occupational Qualification BFOQ relieves an employer from liability for disparate treatment intentional discrimination where selection of an employee based on gender religion age or national origin is reasonably necessary for the normal operation of the employer s business Ex hiring only women to model women s makeup Business Necessity the criterion has an obvious relationship to job performance may relieve an employer from disparate impact unintentional liability Reverse Discrimination when a person of a majority race sues based on racial discrimination Glass Ceiling refers to artificial barriers that have held women and minorities back from promotion to management and decision making positions in business Affirmative Action refers to employment programs designed to remedy discrimination practices in hiring Sexual harassment a form of sexual discrimination and constitutes a violation of Title VII includes two types of illegal actions Quid Pro Quo Sexual Harassment unwelcome sexual advances or requests for sexual favors in return for job benefits Hostile Environment Sexual Harassment verbal or physical conduct of a sexual nature that creates an intimidating hostile or offensive work environment Retaliatory Discharge circumstance in which an employee is discriminated against and or terminated by an employer because the employee asserted a complaint against the employer Disability a physical or mental impairment that substantially limits a person s ability to walk see hear perform manual tasks learn work or care for himself Essential function core responsibilities of a job as distinguished from marginal or incidental assignments Undue Hardship refers to an accommodation of employer to employee that requires significant difficulty or expense on the part of the employer or major modification of the employer s business taking into account such factors as the nature of the business cost of the accommodation and the business s resources so employment can be refused Collective Bargaining the process whereby representatives of the union negotiate with representatives of management owners and operators of a co on terms of employment such as hours wages benefits vacations and working conditions Collective Bargaining Agreement a contract between workers and management that is a result of collective bargaining Negligent Hiring cause of action that holds an employer responsible when an employee harms a customer or another worker and a background check would have revealed a propensity for aggressive or assaultive conduct Illegal Alien one who enters the U S without the necessary authorization Immigrant in the U S a citizen if another country who enters the U S