Administrative/Filing Flashcards
Title VII requirement for filing a suit
180 days
EEOC, state, or local jurisdiction filing for a suit
300 days
How cases are triaged
“A” claims are extremely strong and will be thoroughly investigated.
“B” claims will require additional information to determine their validity.
“C” charges typically have little merit or fail on the face of the claim itself.
Two findings by EEOC
That there is cause to believe discrimination has occurred, OR
Based on the record before the EEOC there is no reasonable cause to find discrimination.
What is Conciliation?
Where EEOC settles a discrimination charge before it reaches the federal court
Mach Mining
The court held that it is appropriate for the lower courts to examine whether the EEOC satisfied its statutory obligation to attempt conciliation before filing suit.
Helps recognize the EEOC’s extensive discretion to determine the kind and amount of communication with an employer appropriate in any given case.
National Railroad Passenger Corp.
Issue: Is a hostile-environment claim actionable if one act that is part of the hostile work environment occurred within the statutorily mandated period for filing a charge with the Equal Employment Opportunity Commission?
Holding: Discrete acts of employment discrimination should be filed in compliance with the statutory requirement and acts that occurred outside of it are not actionable. Hostile work environments require that an action should occur within the statutorily mandated time period.
Clackamas Gastroenterology Associates
Issue: May shareholders of an organization who lack control over key aspects of the work performed qualify as employees for purposes of federal employment laws?
Rule: Control is the principal factor to be followed in whether the director-shareholder physicians should be counted as employees.
The Equal Employment Opportunity Commission likewise focuses on control over work. EEOC guidelines use a six-factor test:
whether the organization can hire and fire and set rules controlling someone’s work;
the extent the organization supervises the person’s work;
whether the person reports to a superior;
how much the person can influence the organization;
the parties’ intent as shown in contracts; and
whether the person shares in the organization’s profits, losses, and liabilities.
Holding: Shareholder-directors of an organization who lack control over key aspects of the work performed may qualify as employees for purposes of federal employment laws.
Mariotti v. Mariotti Building Products Inc.
Issue: Is a person an employee under Title VII only if various factors indicate that the employer has control over that person?
Rule: Control is the principal factor to be followed in whether the director-shareholder physicians should be counted as employees.
Holding: A person is an employee under Title VII only if various factors indicate that the employer has control over that person.
Coverage under Title VII or ADA
To be covered by Title VII and the ADA the employer must have 15 or more employees
Coverage under ADEA
To be covered by the ADEA, the employer must have 20 or more employees.
Who is an employee?
“employee” means an individual covered by an employer”
Factors considered
- Can organization hire/fire individual?
- Extent that organization supervises the individual’s work?
- Extent individual can influence the organization?
- Did parties intend individuals to be an employee?
- Does individual share in profits, losses, and liabilities of organization?
Employer-Employee Relationship Factors
- Employer has right to control when, where, and how worker performs job
- Work does not require high level of skill/expertise
- Employer furnishes tools, material, and equipment
- Work performed on employer’s premises
- Continuing relationship between worker/employer
- Employer has right to assign additional projects
- Employer sets hours an duration of job
- Worker is paid by hour, week, or month
Employee vs. Independent Contractor
- Employer must consider whether to employ full-time workers or independent contractors.
- Benefit of full-time workers
–More loyalty to company
–Greater quality and quantity of work
Benefits of Independent Contractors - Allows employers to handle variation in workloads or economic conditions
- Employers can avoid giving benefits and
- Not covered by anti-discrimination laws.
Plaintiff must sufficiently allege she has been discriminated against under federal law:
- Must be plausible claim to relief;
“A short and plain statement of the claim showing the pleader is entitled to relief” - Consider the pros and cons including too much or too little information in the complaint.
