Agency and Employment Flashcards

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1
Q

EEOC

A

Equal Employment Opportunity Commission

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2
Q

most common legal relationship in the business realm

A

Agency

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3
Q

what is a general agent?

A

someone that provides a range of services at the direction of the principal

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4
Q

what is a special agent?

A

who conduct only a specific task.. ie real estate, contractor, manager

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5
Q

what is the equal dignity rule?

A

requires that the agency agreement is in writing. This is only the case when an agent is hired to do something that requires a written agreement.

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6
Q

what is disclosed principal

A

the third party knows that they are working for the agent and they are aware of who the principal is

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7
Q

what is partially disclosed principal?

A

the third party may know that they are working with an agent, but they are not aware of the principal’s identity

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8
Q

what is an undisclosed principal?

A

if the third party does not know they are working with an agent and believes the agent is the final party they are working with, then the agent is liable for the contract

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9
Q

Employers being responsible for their employees

A

respondeat superior- “let the master answer”

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10
Q

Agency is a contractual relationship between a principal and an agent, therefore it requires…

A

consent

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11
Q

Which amendment abolished slavery?

A

13th amendment

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12
Q

which amendment provided citizenship for freed slaves, required due process, and—most importantly—required the states to provide equal protection of the laws

A

14th amendment

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13
Q

which amendment provided voting protections?

A

15th amendment

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14
Q

protects employers and businesses from discriminating people because of such individual’s race, color, religion, sex, or national origin;

A

Title VII of the Civil Rights Act of 1964

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15
Q

occurs when an employer treats an employee or prospective employee who is a member of a protected class of people differently than other employees based on that protected characteristic

A

disparate treatment

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16
Q

occurs when an employer creates a policy or practice that may not have been intended to discriminate against a particular group, but the action has disproportionate effects on a protected class of employees.

A

disparate impact

17
Q

claims of discrimination are filed with…

A

Equal Employment Opportunity Commission (EEOC).

18
Q

a common defense of employers to discrimination claims is…

A

Bona Fide Occupational Qualification or BFOQ