Chapter 2 Flashcards
Back Pay
Money awarded for time an employee was not working usually due to termination because of illegal discrimination
Front Pay
equitable remedy of money awarded to a claimant when reinstatement it’s not possible or feasible
Retro active seniority
Seniority that dates back to the time the claimant was treated illegally
Make whole relief
Attempt to put the claimant In position he or she would have been in has there been no discrimination
Compensatory damages
Money awarded to compensate injured party for direct losses
Punitive damages
Money over and above compensatory damages, imposed by the court to punish the defendant will acts and to act as a deterrent
Plaintiff
One who brings a civil action in court
Defendant
One against whom the case is brought
Appellant
One who brings an appeal
Appellee
One against an appeal is brought
Petitioner
One who appeals a case to the Supreme Court
Respondent
One against the case is appealed that the Supreme Court
Motion to dismiss
Request by a defendant for the court to dismiss the plaintiffs case
Motion for summary judgment
Defendants request for the court to rule on the plaintiffs case based on the documents submitted alleging there are no tribal issues of fact to be decided
Cause of action
When an individual legal rights have been violated, they can file a case on that basis ( or ) Right provided by law for a party to sue remedies when certain legal rights are violated
Prima facie case
Case of disparate treatment. The evidence that fits each requirement of a cause of action. Just because it a prima facie case does not validate the disparate treatment
Public policy
The legal concept intended to ensure that no individual lawfully do that which has a tendency to be injurious to the public or against the public good. Public policy is undermined by anything that haunts sense of individual rights
At will employment
And employment relationship where there is no contractual obligation to metro remain in the relationship; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as for discriminatory purposes
Stare decisis
A system of using legal PRECEDENT
Bona Fide occupational qualification
Permissible discrimination if legally necessary for an employer’s particular business
Case citation
The case citation is the means by which the full case can be located in the law reporter if you want to find the case for yourself in a law library or legal database
Reporters
Our books in which judges Key decisions are kept for a ladder retrieval my lawyer law students judges and others
Legalese
Legal terms
Remand
Take case back
Per curium
Brief decision by the court
Promissory estoppel
Promissory estoppel is another exception to the at will rule. It is similar to implied contract except it does not equal a contract unless the promise was detrimental to the worker.
Sara news Oxley act
Primarily addresses issues relating to accountability and transparency and corporate governance
Retaliatory discharge
Retaliatory discharge is a broad term that encompasses terminations in response to an employee exercising rights provided by law
Covenant of good faith and fair dealing
Find contractual obligation to act in good faith in the fulfillment which parties contractual duties
Implied contract
That is not expressed but instead it’s created by other words a conduct of the parties involved
Constructive discharge
Occurs when the employee is giving no reasonable alternative but to end but employment relationship; considered an involuntary act on the part of the employee
Mass layoff
As employment Rosses at one location going any 30 day period of 500 or more workers, or of 50-499 workers if they constitute at least one third of the active workforce
Tort
Violation of a duty other then one owed when the parties have a contract. / or violation of duty when parties have a contract
Disparate treatment
Treating similarly situated employees differently because of prohibited title seven or other employment discrimination law factors does not have to be intentional for example women loading trucks
Disparate / adverse impact
Deleterious of a facially neutral policy on the title seven group
Facially neutral policy
Grace policy that applies equally to all appropriate employees
Screening Device
Factor used to weed out applications from the pool of candidates
Four fifths rule
The minority must do at least 80%, or 4/5, as well as the majority on a screening device or a presumption of a disparate impact arises, and the device must been shown to be a legitimate business necessity. For example 100 women and 100 men take a promotion exam. 100 of women and 50 of men pass, the men only have 50% of women passage rate not 80% like the rule states
Objective criteria
Factors that are able to be quantified by anyone, search and scores on a written exam.
Subjective criteria
Based on the evaluators personal thoughts or ideas
Business necessity
Employers need for a policy .Defense To a disparate impact case based on the employers need for the policy as a legitimate requirement for the job
Exhaustion of administrative remedies
Going Through the EEOC administrative procedure before being permitted to seek judicial review of an agency decision
WARN-Worker adjustment and retraining Notification Act
Requires employers with 50 or more employees to give a 30 day warning and 100 or more/mass layoff give a 60 warning
Remand
is an order by the court of appeals to the lower court telling it to take the case back and do what needs to be done based on the court’s decision
