1981 Flashcards
Applies to?
Motherly #s LEAD Aging for all of us.
———–
fMla
1981, 1983, 1985
fLsa
Epa
ADa (pub serv) [emp = 15+]
ADEA
What 3 items show the narrow protection of 1981?
Only Intentional
Only Race (immediately post-slavery).
Only Ks.
What are 3 UNIQUE things about 1981 racial protection?
(1) Includes ancestry & ethnic characteristics.
(2) Intentional only.
(3) Only Ks.
What does it seek to allow?
To make & enforce Ks (ex. emplymt), as white citizens.
S/L
4 yrs.
Sue individ?
Yes if under color of law.
but wd have qualified immunity [at least PO wd]
Retaliation claim under 1981?
Yes.
Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?
But for 81 old alcoholics, we’d retaliate.
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Yes. But for.
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But for being Old, 1981 Disabled Retaliated
State 3 defenses.
Absolutely can’t Qualify in 81 b/c you need 83.
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Absolute Immunity
&
Qualified Immunity
&
Needs 1983.
———–
An alt. to Title 7.
What is the narrow protection provided?
Only Intentional
Only Race, ethnic, ancestry (no ntl orig).
Only Ks.
Who is exempt from the mandates of 1981?
~makes sense, it’s federal!!!~
———–
No states. If have a claim vs. state, go under state law.
UNIQUE about dmgs.
Punitive vs. indiv official BUT he’ll have qualified immunity.
How remember punitive damages are available under 42 USC 1981?
Punis are old timey. 1981 is associated w/ immediate post-slavery. ‘1981’ is the earliest (oldest) # of the civil rt czs.
Who is not covered under 1981?
States.
How do the #s breakdown in the Federal civil rights claims against individuals
- All, private + under color of law. Race/Intentl/ Ks.
- Public officials only b/c under color of law.
- Yes, all. Conspiracy, race, sex.
