Chapter 2

Question 1

Back Pay

Answer 1

Money awarded for time an employee was not working usually due to termination because of illegal discrimination

Question 2

Front Pay

Answer 2

equitable remedy of money awarded to a claimant when reinstatement it’s not possible or feasible

Question 3

Retro active seniority

Answer 3

Seniority that dates back to the time the claimant was treated illegally

Question 4

Make whole relief

Answer 4

Attempt to put the claimant In position he or she would have been in has there been no discrimination

Question 5

Compensatory damages

Answer 5

Money awarded to compensate injured party for direct losses

Question 6

Punitive damages

Answer 6

Money over and above compensatory damages, imposed by the court to punish the defendant will acts and to act as a deterrent

Question 7

Plaintiff

Answer 7

One who brings a civil action in court

Question 8

Defendant

Answer 8

One against whom the case is brought

Question 9

Appellant

Answer 9

One who brings an appeal

Question 10

Appellee

Answer 10

One against an appeal is brought

Question 11

Petitioner

Answer 11

One who appeals a case to the Supreme Court

Question 12

Respondent

Answer 12

One against the case is appealed that the Supreme Court

Question 13

Motion to dismiss

Answer 13

Request by a defendant for the court to dismiss the plaintiffs case

Question 14

Motion for summary judgment

Answer 14

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

Question 15

Cause of action

Answer 15

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

Question 16

Prima facie case

Answer 16

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

Question 17

Public policy

Answer 17

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

Question 18

At will employment

Answer 18

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

Question 19

Stare decisis

Answer 19

A system of using legal PRECEDENT

Question 20

Bona Fide occupational qualification

Answer 20

Permissible discrimination if legally necessary for an employer’s particular business

Question 21

Case citation

Answer 21

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

Question 22

Reporters

Answer 22

Our books in which judges Key decisions are kept for a ladder retrieval my lawyer law students judges and others

Question 23

Legalese

Answer 23

Legal terms

Question 24

Remand

Answer 24

Take case back

Question 25

Per curium

Answer 25

Brief decision by the court

Question 26

Promissory estoppel

Answer 26

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.

Question 27

Sara news Oxley act

Answer 27

Primarily addresses issues relating to accountability and transparency and corporate governance

Question 28

Retaliatory discharge

Answer 28

Retaliatory discharge is a broad term that encompasses terminations in response to an employee exercising rights provided by law

Question 29

Covenant of good faith and fair dealing

Answer 29

Find contractual obligation to act in good faith in the fulfillment which parties contractual duties

Question 30

Implied contract

Answer 30

That is not expressed but instead it’s created by other words a conduct of the parties involved

Question 31

Constructive discharge

Answer 31

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

Question 32

Mass layoff

Answer 32

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

Question 33

Tort

Answer 33

Violation of a duty other then one owed when the parties have a contract. / or violation of duty when parties have a contract

Question 34

Disparate treatment

Answer 34

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

Question 35

Disparate / adverse impact

Answer 35

Deleterious of a facially neutral policy on the title seven group

Question 36

Facially neutral policy

Answer 36

Grace policy that applies equally to all appropriate employees

Question 37

Screening Device

Answer 37

Factor used to weed out applications from the pool of candidates

Question 38

Four fifths rule

Answer 38

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

Question 39

Objective criteria

Answer 39

Factors that are able to be quantified by anyone, search and scores on a written exam.

Question 40

Subjective criteria

Answer 40

Based on the evaluators personal thoughts or ideas

Question 41

Business necessity

Answer 41

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

Question 42

Exhaustion of administrative remedies

Answer 42

Going Through the EEOC administrative procedure before being permitted to seek judicial review of an agency decision

Question 43

WARN-Worker adjustment and retraining Notification Act

Answer 43

Requires employers with 50 or more employees to give a 30 day warning and 100 or more/mass layoff give a 60 warning

Question 44

Remand

Answer 44

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