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Business > Business test 4 > Flashcards

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
Q

Equal pay act of 1963

A

protects both sexes from pay discrimination

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26
Q

lily leadbetter and result

A

sued for unequal pay and lost because she took longer than 180 days
Now every paycheck is a brand new form of discrimination

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27
Q

Equal pay act 1963 justification of differential pay criteria

A

anything other than sex:
seniority
Merit must be measurable
Quantity or quality of product- commission

(employer has burden)

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28
Q

American disabilities act of 1990 says

A

Employers must “reasonably accommodate” the needs of employees with disabilities unless it causes the employer “undue burden”

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29
Q

Plaintiff of American disabilities act of 1990 must show

A
  1. They have a disability
  2. Are otherwise qualified for employment
  3. Was excluded from employment solely because of employment
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30
Q

What is a disability according to American disabilities act

A

A physical or mental impairment that substantially limits one or more of their “major life activities”

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31
Q

Define “major life activities” in American disabilities act

A

walking, standing, lifting, learning
operation of major bodily functions
2008 changes- diabetes, epilepsy, cancer, alcoholism

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32
Q

What is not a disability

A

minor, non-chronic condition of short duration like broken bone

33
Q

Wage hour laws, what workers are excluded from overtime?

A

executive, administrative jobs

employees paid on salary

34
Q

State workers compensation laws ensure what

A

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
Q

COBRA

A

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
Q

What are the two types pf credit

A

secured and unsecured

37
Q

unsecured credit

A

credit that does not require any security or collateral to protect payment of debt

38
Q

secured debt

A

credit that requires security or collateral to secure payment of loan

39
Q

Steps to creating security interest

A
  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
Q

Creditor rights attach to collateral giving them enforceable security interest T/F

A

true

41
Q

Perfection is the legal process that

A

the secured party protects protects themselves from third party claims against the collateral

  • file with government agency
  • first to file has priority
42
Q

mechanics liens

A

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
Q

Artisan liens

A

if you give an item for someone to work on and don’t pay them, they can hold the item

44
Q

Garnishment

A

Creditor permitted to collect debt by normally seizing wages (up to 25%)

45
Q

Surety

A

A promise made by 3rd person to be responsible for debtors obligation

46
Q

Guaranty

A

The 3rd party for debtors obligation is secondarily liable

47
Q

What is the point of bankruptcy

A

give a fresh start

48
Q

What are the two major forms of bankruptcy and how you should remember them?

A

Chapter 7- liquidation

chapter 11 or 13- reorganization

49
Q

Chapter 7 bankruptcy is for who?

A

for the consumer

50
Q

What are automatic stays?

A

The moment one files for chapter 7, all actions against debtors must stop
-cannot call or start legal proceedings

51
Q

Changes of automatic stays in 2005

A

fewer automatic stays because people were taking advantage

52
Q

Can all property be taken in ch7 bankruptcy

A

no, debtor keeps certain property classified as exempt

53
Q

what are exemptions in ch 7

A

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
Q

Debtors non-exempt property

A

everything else is sold for cash and distributed to debtors

55
Q

What happens after Ch7

A

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
Q

Changes in 2005 made Ch7 tougher or easier

A

tougher

& a means test less than $42,012 income

57
Q

Chapter 11 and 13 mean

A

organization
plans with debtors, and then debtors paid
property kept if paid off in plan

58
Q

Which out of ch 11 and 13 are individual and big business

A

chapter 11 is big business

chapter 13 is individual

59
Q

3 different product liability concepts

A

warranty
fault (negligence or misrepresentation)
strict liability

60
Q

UCC Uniform commercial code

A

regulates business dealings with people in different states
(caveat emptor) - buyer beware–replaced

61
Q

warranty- definition and two types

A

sellers assurance to buyer the goods meet certain criteria

  1. expressed
  2. implied
62
Q

Express warranty

A

Claim that the goods meet a certain standards of quality
(clear, says)
doesn’t need word warranty or guarantee
can be advertisements, pictures

63
Q

Implied warranty

A

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
Q

what can disclaim implies warranties

A

“as is” or “with all faults” can disclaim implied warranties
“no returns or exchanges” can’t

65
Q

Magnuson - moss warranty act

A

makes warranties easier to understand, federal law
must be labelled full or limited
only for good valued over $25

66
Q

full warranty

A
  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
Q

Product liability (product defect)

A

liability on manufactures, sellers, and others for injuries caused by defective products

68
Q

product liability (product defect) negligence

A

defendant was negligent and resulted in injuries

burden on plaintiff

69
Q

product liability (product defect) misrepresentation

A

when a seller fraudulently misrepresents the quality of a product and buyer is injured

70
Q

Who can you sue if injured by product strict liability

A

everyone in chain of distribution

71
Q

To prove strict liability, plaintiff must show

A
  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
Q

3 kinds of strict liability

A
  1. defects in manufacturing
  2. Defect in design
  3. Failure to warn (pool liner warning)
73
Q

Is strict liability or product liability(or defect) easier to show

A

strict liability, just have to show its defective

74
Q

Defenses to product liability (or defect)

A

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
Q

What year does the age discrimination act kick in

A

age 40

76
Q

Is it better to be an employee or independent contractor

A

employee

77
Q

is undue burdon a defense to ADA

A

yes

78
Q

overtime is

A

double pay

Business (6 decks)

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