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Term Definition
Opinion

A judge's written explanation of the decision of the court.

Oral Argument

An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

Overtime

Both state and federal laws require the payment of a premium rate when a nonexempt employee works in excess of a specified number of hours in a particular period of time.

Physical Impairment

A physical impairment includes any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more bodily systems.

Plaintiff

A person or business that files a formal complaint with the court.

Pleadings

Written statements filed with the court that describe a party's legal or factual assertions about the case.

Political Affiliation Discrimination

California Labor Code sections 1101 and 1102 prohibit discrimination based on an employee’s political activities.

Precedent

A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.

Pregnancy Discrimination

Pregnancy Discrimination includes discrimination because of or on the basis of pregnancy, childbirth, or related medical conditions.

Promotion

A promotion is the advancement of an employee's rank or position in an organizational hierarchy system. A promotion usually comes with an increase of an employees wage.

Punitive Damages

Damages exceeding simple compensation and awarded to punish the defendant.

Quid Pro Quo

Quid pro quo harassment occurs when job benefits, including employment, promotion, salary increases, shift or work assignments, performance expectations and other conditions of employment, are made contingent on the provision of sexual favors. It is the most commonly recognized form of sexual harassment.

Reasonable Accommodation

A reasonable accommodation is an adjustment made in a system to make fair the same system for an individual based on a proven need. Such need can is usually due to a disability or for religious practices.

Rehabilitation Act of 1973

The Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with physical or mental disabilities.

Rest Period

A rest period refers to time allowed for an employee to step away from their work duties. In California, the rest period(s) is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period.