Blaw exam Flashcards
Disparate impact discrimination
resulting from practies or procedures which, although not facially discriminatory, have the effect of discimination against members of a protected class
Disparate treatment discrimination
INTENTIONAL discrimination against members of a protected class
What constitues discrimination under Title VII
disparate treatment discrimination and disparate impact discrimination
discrimination under the ADA?
hiring, promotion, and discharge against persons with disabilities. DISCRIMINATION!
discrimination under the ADREA?
Federal law prohibiting employment discrimination on the basis of age against persons 40 years of age and OLDER, and mandatory retirement for non managerial employees.
kinds of sexual harassment
quid pro quo
hostile enviroment
quid pro quo sexual harassment
granting employment, job promotions, or other benefits in return for sexual favors, or refusing (or threatening refusal) to hire, promote or extend other employment benefits if sexual favors are refused.
sole proprietorship
owned by a singe person or family
owner reports business income and expenses on personal income tax return
ownder is legally responsible for all debts and obligations without liability
general partnership
agreement of 2 or more parties. purpose is for profit not necssarily in writing partnership informational tax return-taxes assumed by partners directly partners have unlimited liability
limited partnershup
separate, artivficial legal entity.
at least 1 general partner at least 1 limited partner.
tax liability and benefits assumed by partners directly.
general partner has unlimited liability
limted partner has limited liability
Corporation
separtate, articifical legal entity. Formed in compliance with law. managed by directors and officers. shareholders have limited liability. Taxed as a separate legal entity (unless an S corporation.
S CORPORATION
CLOSELY HELD CORPORATION (LESS THAN 70)
OWNERS GENERALLY MUST BE NATURAL PERSONS WHO ARE US CITIZENS
taxed like a partnership
limited liability of a corporation
LLC
separate, artificial legal entity formed in compliance with law shareholders have limited liability Taxes as a partnership NO LIMITS as to who can be shareholders
LLP
General partnership designed for professionals (laywers, accountants etc)
formed in compliance with law
partners have limited liability for other than their own professional malpractice
taxed as a partnership
Domestic corporation
does business IN its state
Foreign corporation
fomr one state doing business in another state