Here is a list of some of the common acronyms used in Arizona employment law. Although
employment lawyers are familiar with most of these abbreviations, they can be very
confusing to the rest of the world. If we have left out any of your personal favorites, let us know
so that the list will be complete.
ACRA
The Arizona Civil Rights Act, ARS 41-1461 et seq., is Arizona's
counterpart to TITLE VII, the ADEA and the ADA. It prohibits
discrimination in employment on account of race, color, religion, sex, age,
handicap or national origin.
ACRD
The Arizona Civil Rights Division (now Section) of the Arizona Attorney
General's office enforces the ACRA. It works in cooperation with the
EEOC sharing the task of investigating charges of discrimination..
ADA
The Americans with Disabilities Act, 42 U.S.C. 12101 et seq., passed in
1990, has two major components. Title I prohibits discrimination in
employment. The rest of the Act requires various public accomodations for
disabled individuals.
ADEA
The Age Discrimination in Employment Act, 29 U.S.C. 621 et seq.,
protects people over 40 from employment discrimination on account of age.
AFSCME
The Association of Federal, State, County and Municipal Employees, a
union of sorts for government employees of all sorts.
BFOQ
A bona fide occupational qualification is a very narrow and limited defense
that allows employers to discriminate in hiring for reasons that would
otherwise be unlawful. For example, a theater company can reject a black
woman's application to play the part of Abraham Lincoln.
CBA
A collective bargaining agreement is a contract negotiated between a union
and employer that covers the terms of employment for all employees within
a specified work group. Most Arizona employees have never seen one.
COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 has
numerous provisions relating to all kinds of things. The acronym is most
often used to refer to provisions found at 29 U.S.C. 1161 et seq., which
provide for continuation of health insurance after termination of
employment, etc.
CP
A charging party is the term used to refer to someone who files a charge of
discrimination with an agency, such as the EEOC, which investigates
claims of discrimination in employment.
DES
The Arizona Department of Economic Security is the state agency in
Arizona that administers the state's unemployment insurance program.
DOL
Also abbreviated USDOL, the United States Department of Labor enforces
various federal laws applicable to employers. See FMLA, OFCCP, FLSA,
OSHA.
EEOC
The Equal Employment Opportunity Commission is a federal agency
charged with responsibility for enforcing the major federal
antidiscrimination laws. It investigates and sometimes litigates claims of
discrimination on account of race, age, sex, national origin, religion and
disability. See TITLE VII, ADA, ADEA.
EPA
Most commonly associated with the Environmental Protection Agency, this
acronym is used by Arizona employment attorneys to refer to two different
laws, the Equal Pay Act, 29 U.S.C. 206(d), and Arizona's Employment
Protection Act, ARS 23-2501. This draconian law defined and limited
protections for Arizona employees. It is currently being attacked as
unconstitutional.
EPPA
The Employee Polygraph Protection Act, 29 U.S.C. 2001 et seq., is a
federal law that limits the use of polygraphs by private employers. Like
many labor laws, it doesn't apply to the government.
ERISA
The Employee Retirement Income Security Act of 1974 contains a variety
of provisions governing employee retirement and welfare benefits. Most
health insurance, 401k, profit sharing and even some severance plans are
governed by ERISA. Few lawyers understand this area of law or care to
learn it.
FLSA
The Fair Labor Standards Act, 29 U.S.C. 201 et seq., governs the payment
of minimum wages and overtime, as well as some child labor issues. See
USDOL, EPA.
FMLA
The Family and Medical Leave Act, 29 U.S.C. 2601 et seq., provides
certain employees with the right to take time off work for serious medical
and certain other family matters without losing their jobs. Enacted in 1993,
it is a complicated law that is still not well understood. See USDOL
FOP
The Fraternal Order of Police is an organization that lobbies for a variety of
benefits and protections for law enforcement officers who, as public
servants, are prohibited from striking or using other conventional means to
secure employee protections. But see "Blue flu."
FOPAW
The Fraternal Order of Professional Auto Workers is a fringe group that
split from the UAW and refused to strike against General Motors because
they thought it was tacky and politically incorrect. (I just made this up.)
ICA
The Industrial Commission of Arizona administers the worker
compensation system, as well as state OSHA laws, collection of unpaid
wages and licensing of employment agencies.
MSHA
The Mine Safety Health Administration, part of the USDOL, is particularly
important in Arizona, where mining is a major employer.
NLRA
The National Labor Relations Act, 29 U.S.C. 141 et seq., is actually the
product of a series of bills enacted in 1935, 1947 and 1959. It regulates
union activity and the labor management relationship in most private sector
industries. See NLRB, RLA, ULP.
NLRB
The National Labor Relations Board is a federal agency charged with
enforcing the NLRA. It oversees the organization and certification of
unions and the investigation and prevention of ULP's.
OFCCP
The Office of Federal Contract Compliance Programs, part of the USDOL,
investigates charges of violations of various laws and executive orders that
govern federal contractors, including the Rehabilitation Act and VEVRA.
In some cases its jurisdiction overlaps with the EEOC's enforcement of
Title VII and the ADA.
OSHA
This acronym is alternatively used to refer to the Occupational Safety and
Health Act, 29 U.S.C. 651 et seq., or its Arizona equivalent, ARS 23-401 et
seq., or the federal and state agencies that administer these laws.
OWBPA
The Older Worker Benefit Protection Act, 29 U.S.C. 626(f), provides
certain requirements that must be met before an employee can effectively
waive the right to make a claim of age discrimination.
PATCO
The Professional Air Traffic Controllers Organization is a labor union that
made the mistake of calling a strike of air traffic controllers during the
Reagan administration. All strikers were promptly fired and replaced.
RLA
The Railway Labor Act, 45 U.S.C. 151 et seq., is the federal law that
governs labor relations of common carriers, including railroads and airlines.
These industries are not governed by the NLRA or the NLRB. Instead, the
RLA is enforced by the National Mediation Board and its subordinate
boards.
TITLE VII
That part of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., that
prohibits discrimination in employment on account of race, color, religion,
national origin or sex. See EEOC
ULP
An unfair labor practice is any of a variety of unlawful acts performed by
employers, employees or unions in violation of the NLRA. Prevention of
ULP's is governed exclusively by the NLRB.
USDOL
The United States Department of Labor enforces various employment
related laws. See DOL, FLSA, FMLA, MSHA, OFCCP, OSHA.