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Business test 4 Flashcards

1
Q

What did title 7 of the civil rights at in 1964 do?

A

Protected classes of employees

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2
Q

What different classes did title 7 or the civil rights act of 1964 protect?

A 
Race
Color
National Origin
Gender (includes pregnancy and sexual assault)
Religion
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3
Q

How many must an employer have for title 7 to apply?

A

15

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4
Q

Does California’s Fair Employment and Housing Act (FEHA) provide greater protection than title VII?

A

yes

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5
Q

How many employees does California’s FEHA apply to?

A

5

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6
Q

What is the major source dealing with federal employment discrimination?

A

title VII of the 1964 Civil Rights Act

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7
Q

Employment at will means what about each party?

A

Either party can terminate at any point

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8
Q

What is an exception to employment at will?

A

a contract- express or implied

public policy- whistle blowing, family medical leave act

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9
Q

Family Medical Leave Act

A

Requires employers with over 50 employees to provide leave up to 12 weeks for family maters like illness and pregnancy
not paid
not guaranteed same job, just comparable

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10
Q

Disparate treatment is

A

Discrimination against a specific individual, because that person belongs to a protected class

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11
Q

Is disparate treatment hard or easy to prove and what must you show

A 
hard to show for plaintiff 
-must show 
1. you are a member of protected class
2. you applied and were qualified
3. You were rejected
4. the employer continued to seek applicants or hired someone not in class
Burden then shifts to employer
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12
Q

Disparate Impact treatment is

A

Occurs when a neutral looking employment rule causes discrimination against protected classes

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13
Q

Pool of applicants

A

Plantiff compares employers workforce with pool of qualified applicants
(walmart class-action)

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14
Q

Disparate Impact test name and type

A

Rate of hiring- regardless of pool, an education or other job requirement, that excludes members of a protected class

outlandish tests not okay, like a college english class to be a janitor

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15
Q

Gender discrimination

A

applies to both men and women

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16
Q

Sexual harassment has how many types

A

2

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17
Q

Quid Pro Quo

A

Type of sexual harassment
something for something
sexual favors in return for something

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18
Q

Hostile Environment harassment

A

Type of sexual harassment

lewd remarks, touching, intimidation, that the plaintiff has no control over

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19
Q

Employers defense to sexual harassment

A
  1. Employer exercised reasonable care to prevent and correct behavior
  2. Plaintiff employee reasonably failed to take advantage of any preventative or protective measures
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20
Q

Merit is a defense to what?

A

title VII

when one sells better than the other

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21
Q

Seniority is a defense to what?

A

title VII

Lawful if they are not the result of intentional discrimination

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22
Q

Bona Fide Occupational Qualification is a defense to what?

A

title VII
Discrimination (not race) is okay if it is a business necessity
ex. like a woman locker room attendant
Filed with Equal Employment Opportunity Commission (EEOC)

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23
Q

After acquired evidence defense

A

An employer can avoid discrimination responsibility through evidence found in discovery

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24
Q

remedy for title VII court order

A

payment of two years back
an injunction
reinstatement
punitive damages

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25
Equal pay act of 1963
protects both sexes from pay discrimination
26
lily leadbetter and result
sued for unequal pay and lost because she took longer than 180 days Now every paycheck is a brand new form of discrimination
27
Equal pay act 1963 justification of differential pay criteria
anything other than sex: seniority Merit must be measurable Quantity or quality of product- commission (employer has burden)
28
American disabilities act of 1990 says
Employers must "reasonably accommodate" the needs of employees with disabilities unless it causes the employer "undue burden"
29
Plaintiff of American disabilities act of 1990 must show
1. They have a disability 2. Are otherwise qualified for employment 3. Was excluded from employment solely because of employment
30
What is a disability according to American disabilities act
A physical or mental impairment that substantially limits one or more of their "major life activities"
31
Define "major life activities" in American disabilities act
walking, standing, lifting, learning operation of major bodily functions 2008 changes- diabetes, epilepsy, cancer, alcoholism
32
What is not a disability
minor, non-chronic condition of short duration like broken bone
33
Wage hour laws, what workers are excluded from overtime?
executive, administrative jobs | employees paid on salary
34
State workers compensation laws ensure what
provide assurance that state workers are compensated for workplace injuries require injured employees to make claims against worker comp policies not employer requires most employers to` carry workers comp insurance
35
COBRA
continues insurance benefits of workers who have been separated from work but, the former workers have to pay for it Doesn't apply for gross misconduct employers must comply if they have ore than 20 employees
36
What are the two types pf credit
secured and unsecured
37
unsecured credit
credit that does not require any security or collateral to protect payment of debt
38
secured debt
credit that requires security or collateral to secure payment of loan
39
Steps to creating security interest
1. Collateral must be in possession of creditor or written agreement describing collateral signed by debtor 2. Debtor must have rights in collateral 3. You gave something of value to debtor
40
Creditor rights attach to collateral giving them enforceable security interest T/F
true
41
Perfection is the legal process that
the secured party protects protects themselves from third party claims against the collateral - file with government agency - first to file has priority
42
mechanics liens
if someone does work for you and you don't pay lien on property can be placed subcontractors that you don't directly pay can place liens
43
Artisan liens
if you give an item for someone to work on and don't pay them, they can hold the item
44
Garnishment
Creditor permitted to collect debt by normally seizing wages (up to 25%)
45
Surety
A promise made by 3rd person to be responsible for debtors obligation
46
Guaranty
The 3rd party for debtors obligation is secondarily liable
47
What is the point of bankruptcy
give a fresh start
48
What are the two major forms of bankruptcy and how you should remember them?
Chapter 7- liquidation | chapter 11 or 13- reorganization
49
Chapter 7 bankruptcy is for who?
for the consumer
50
What are automatic stays?
The moment one files for chapter 7, all actions against debtors must stop -cannot call or start legal proceedings
51
Changes of automatic stays in 2005
fewer automatic stays because people were taking advantage
52
Can all property be taken in ch7 bankruptcy
no, debtor keeps certain property classified as exempt
53
what are exemptions in ch 7
homestead 50-75k interest up to 3225 for one motor vehicle interest up to 525 per item not to exceed 10775 interest in jewelry up to 1350
54
Debtors non-exempt property
everything else is sold for cash and distributed to debtors
55
What happens after Ch7
you no longer owe unpaid debts messes up credit some non dischargable debts like student loans, income taxes less than 3 years old, luxury goods $500 less than 90 days
56
Changes in 2005 made Ch7 tougher or easier
tougher | & a means test less than $42,012 income
57
Chapter 11 and 13 mean
organization plans with debtors, and then debtors paid property kept if paid off in plan
58
Which out of ch 11 and 13 are individual and big business
chapter 11 is big business | chapter 13 is individual
59
3 different product liability concepts
warranty fault (negligence or misrepresentation) strict liability
60
UCC Uniform commercial code
regulates business dealings with people in different states (caveat emptor) - buyer beware--replaced
61
warranty- definition and two types
sellers assurance to buyer the goods meet certain criteria 1. expressed 2. implied
62
Express warranty
Claim that the goods meet a certain standards of quality (clear, says) doesn't need word warranty or guarantee can be advertisements, pictures
63
Implied warranty
implied merchantability or fitness for a particular purpose implied merchantability- goods must be reasonably fit and at least average fitness for a particular purpose- implies good are good for particular purpose
64
what can disclaim implies warranties
"as is" or "with all faults" can disclaim implied warranties "no returns or exchanges" can't
65
Magnuson - moss warranty act
makes warranties easier to understand, federal law must be labelled full or limited only for good valued over $25
66
full warranty
1. duration of warranty is not limited 2. seller provides warranty or service to anyone who owns the product 3. Seller provides warranty free of charge 4. Seller provides payment or service within a limited time
67
Product liability (product defect)
liability on manufactures, sellers, and others for injuries caused by defective products
68
product liability (product defect) negligence
defendant was negligent and resulted in injuries | burden on plaintiff
69
product liability (product defect) misrepresentation
when a seller fraudulently misrepresents the quality of a product and buyer is injured
70
Who can you sue if injured by product strict liability
everyone in chain of distribution
71
To prove strict liability, plaintiff must show
1. he suffered physical harm 2. the product was defective 3. the defendant is normally engaged in selling product 4. the defective condition was proximate cause of injury
72
3 kinds of strict liability
1. defects in manufacturing 2. Defect in design 3. Failure to warn (pool liner warning)
73
Is strict liability or product liability(or defect) easier to show
strict liability, just have to show its defective
74
Defenses to product liability (or defect)
Intervening with product- someone changed the product after it left defendant Common known dangers- exercise band injuring eye Assumption of risk- Plaintiff know and appreciated risk by defect, plaintiff assumed the risk Misuse of the product
75
What year does the age discrimination act kick in
age 40
76
Is it better to be an employee or independent contractor
employee
77
is undue burdon a defense to ADA
yes
78
overtime is
double pay

Business (6 decks)

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