Employment Law Terms and Definitions

Undue Hardship With respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity, when considered in light of certain factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA against private employers and the Disability Rights Section, Civil Rights Division, U.S. Department of Justice enforces Title I of the ADA against state and local government employers. Title I of the ADA designates the EEOC as the federal agency primarily responsible for investigating individual charges of discrimination under the Act. Individual with a Disability A person who has a physical or mental impairment that substantially limits one or more of that person’s major life activities, has a record of such impairment, or who is regarded as having such an impairment. Full Time Employment Defined by the U.S. Bureau of Labor Statistics as employment of 35 hours or more in a week. Alternate Dispute Resolution (ADR) A variety of procedures for the resolution of disputes. Each ADR procedure is a fair and efficient alternative to court adjudication that must be entered into voluntarily by all parties. Equal Employment Opportunity Nondiscrimination in hiring, firing, compensation, promotion, recruitment, training, and other terms and conditions of employment regardless of race, color, sex, age, religion, national origin or disability. Master agreements A contract between the employer and the exclusive bargaining representative. For collective bargaining, the employer is represented by the governor or the governor's designee. The LRO will negotiate contracts with each union that represents more than 500 employees. Accessible Easy to approach, enter, operate, participate in, or use safely, independently and with dignity by a person with a disability (i.e., site, facility, work environment, service or program). Uniformed Services Employment and Reemployment Rights Act The Uniformed Services Employment and Reemployment Rights Act seeks to ensure that members of the uniformed services are entitled to return to their civilian employment upon completion of their active duty military service. Vesting Ownership interest in your pension plan benefits and Company matching contributions under the savings program. You have an irrevocable right to a benefit when you are fully vested.

Contact our South Dakota Employment Lawyer Now.

	Did You Know?
	About at will employment In certain states, employers do not have the right to terminate employees "at will" if the termination violates public policy, an implied employment contract, or an implied covenant of good faith and fair dealing.