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0 A-RAMA2 > Compare/Contrast + Severance > Flashcards

Compare/Contrast + Severance Flashcards

1
Q

Title 7 vs. 1981. National Origin

A

Title 7 - national orig.
1981 -
1) NO ntl origin.
2) BUT has race, ancestry or ethnic charac.
3) So claim focuses on ethnicity, not nation of origin. (essentially color)

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2
Q

Title 7 vs. 1981. Intentional vs. Unintentional

A

Title 7 - both
1981 - intentional only

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3
Q

Title 7 vs. 1981. Prereqs + Timeline

A

Title 7 - 300 + (ask at 180) + 90
1981 - no prereqs, 4 yrs.

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4
Q

Overall, which theories offer liquidated (DOUBLE) dmgs?

A 
COMPARE/CONTRAST
-----------
A.M. ALE - drinking in the a.m.?  that's a lot of liquid
Adea 
fMla  (3 yrs)
Ada
fLsa  (3 yrs)
Epa  (3 yrs)
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5
Q

Motivating Factor.

A 
COMPARE/CONTRAST
-----------
Gina's Tits Motivate
-----------
Gina
Title 7

But for Age, 1981 Disabled Retaliate.

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6
Q

But for.

A 
COMPARE/CONTRAST
-----------
But for Age, 1981 Disabled Retaliate
-----------
ADEA, ADA, all Retaliation.
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7
Q

3 step burden shifting (McDonnell Douglas)

A

Title 7.

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8
Q

What 2 avenues require proof of the claim w/ simple 1 step burden?

A

ADEA, ADA

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9
Q

Sex + Race.

A 
COMPARE/CONTRAST
-----------
Title 7
FCRA
1985 (conspiracy) (race + sex only)
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10
Q

What 5 types of claims include Race discrimination?

A 
COMPARE/CONTRAST
-----------
Title 7
FCRA  
1982  Property rts (race = ancestry)
1981  Ks (ancestry, ethnic only) intentional
1985 (conspiracy)
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11
Q

Sex

A 
COMPARE/CONTRAST
-----------
Title 7
FCRA
1985 (conspiracy)
EPA (only)
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12
Q

2 step burden

A

EPA.
1. PL shows opp sex pd differently for equal work.
2. LG defense (SMAQ) (seniority, merit, another non-sex, quality/quantity.

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13
Q

Sue indiv?

A 
COMPARE/CONTRAST
-----------
It's unSEEMly to sue indivs for #s.
-----------
flSa, Epa, Erisa, fMla (no public official)
1981 + 1985
1983 (if under color of law)
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14
Q

Which apply to 15+ ERs?

A 
15+    
-----------
7 Disabled Girl FRiends are too '++++' many.
-----------  
Title 7
ADA (employ)  [pub serv = all]
Gina
FcRa
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15
Q

Which apply to ALL LG ERs?

A 
COMPARE/CONTRAST
-----------
#s LEAD Aging for All of us.
-----------
1981, 1983, 1985
fLsa
Epa
ADa  (pub serv) [empl = 15+]
ADEA
apply to All public ERs
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16
Q

Need rt to sue ltr.

A

Title 7 - b/c its the pickiest.
———–
b/4 180 days can req, but EEOC will give only if can’t finish invest w/i 180 days. aft 180 days, req + EEOC must give.
———–
ADEA - can sue w/o aft 60. ADA - __________, EPA - no need, sue w/o

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17
Q

No rt to sue ltr needed if wait.

A

Old guy (40-60 yrs old) should not wait too long.
———-

ADEA. Can sue 60 days after filing claim w/ EEOC.

18
Q

No rt to sue ltr needed if governing agency failure.

A

FL is Fair says if Fchr Fails, not ltr needed.

FCRA - if no determ in 180 days, can file suit.
New 2021 S/L = 1 yr.

19
Q

State 3 avenues that require no rt to sue ltr.

A 
COMPARE/CONTRAST
-----------
EPA - b/c can sue w/o filing!
ADA - public services
ADEA - aft 60 days
20
Q

Which one gets you punis vs. individ?
What kind of individ?

A

It’s unSEEMly to sue an indiv for colors..
FLSA, EPA, ERISA, FMLA (but not official) 1981 + 1985, 1983 (under color)
———–
Punis are old timey so intentional race (think post-slavery) + think what’s the earliest (oldest) year.

Don’t get confused w/ when sue indiv EE in tort ‘individ sued ain’t driving a BMW’ [bad faith, malice, wanton].

21
Q

Which ones are EEOC?

A 
COMPARE/CONTRAST
-----------
eeoc = ballerina, 7 DEGA
-----------
Title 7
ADEA 
EPA      (*but can sue w/o filing*)
Gina
Ada     (pub serv)
22
Q

Which ones are DOL?

23
Q

Which one can you never sue a pub official?

A 
COMPARE/CONTRAST
-----------
FMLA = Big Momma has a motherly Interest for her Official
-----------
Officials are exempt from liability.
Interest recovered like others.
-----------
50+ EEs = (for privates only = 50+ EEs.)
24
Q

Who has 3 yrs worth of liquids?

A 
COMPARE/CONTRAST
-----------
2-3 yrs of liquids & you didn't pay the toll.  You're a MESs.
fMla     (dol)
Epa      (eeoc)
flSa      (eeoc)
25
Q

Who has 2 x back pay as liquidated?

A 
COMPARE/CONTRAST
-----------
double liquids gets you to AA
ADEA
ADA
26
Q

Which ones have no toll for filing w/ agency?

A 
COMPARE/CONTRAST
-----------
2-3 yrs of liquids & you didn't pay the toll.  You're a MESs.
fMla     (dol)
Epa      (eeoc)
flSa      (eeoc)
27
Q

If employ K includes severance what must be included in K?

A

COMPARE/CONTRAST

  1. Severance may not exceed 20 weeks.
  2. Prohibits if fired for misconduct.
    - ———-
    * note, if severance paid as a result of settlement, limited to 6 weeks
28
Q

When pay severance despite not being included in K?

A

If part of settlement of employment dispute.

29
Q

Cap of severance pd pursuant to dispute settlement?

30
Q

What is not included in severance pay of a public EE?

A

COMPARE/CONTRAST

  1. Accrued leave.
  2. Early retirement in pension plan.
  3. Subsidy for cost of group ins plan
31
Q

If emplymt K includes severance, what may K not include?

A

Any provision that limits party’s ability to discuss K.

32
Q

What is another word for severance?

A

“Extra compensation” b/c pd when EE not providing any service.

33
Q

Which theories recover liquidated damages, prejudgment interest + JEFF’s Lost Benes?

A

fMla, Epa, flSa
2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs. [[AA get liq but no interest]] ain’t nobody interested in an alcoholic
———–
2 yrs / 3 yrs Liquid + interest + JEFF’s Lost Benes.
1. Liquid
2. Prejudgment interest.
3. Jury trial.
4. Equitable relief.
5. Front pay (if can’t reinstate)/Back pay
6. Fees (atty) + C
7. Lost benes.

34
Q

What do the 2/3 theories recover & which theories are 2/3?

A

Liquid + interest + JEFF’s Lost Benes.
2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs. [fMla, Epa, flSa]

35
Q

What theories recover liquidated but not under the 2/3 scheme?

A 
COMPARE/CONTRAST
-----------
double liquids gets you to AA
ADEA
ADA
36
Q

Which theory requires 50 EEs?

A 
COMPARE/CONTRAST
-----------
FMLA - big Momma.
-----------
[big Momma has a motherly Interest for her Official.]
a)  50+ EEs
b)  Interest recovered - *UNIQUE* only one
c)  Officials are exempt from liability.
37
Q

JEFF + Lost Benes
are recovered under what theory?

A

Title 7 + FCRA

38
Q

JEFF + Lost Benes + Punis
are recovered under what theory?

A 
COMPARE/CONTRAST
-----------
1981, 1983, 1985
[A.M. ALE - drinking in the a.m.?  that's a lot of liquid]
Adea 
fMla  (3 yrs) + interest
Ada
fLsa  (3 yrs)
Epa  (3 yrs)
39
Q

JEFF + Lost Benes + Punis + Interest
are recovered under what theory?

A

FMLA
———–
[big Momma has a motherly Interest for her Official.]
a) 50+ EEs
b) Gets all recovery, JEFF, LB, Punis + Interest
c) Interest recovered - UNIQUE only one
d) Officials are exempt from liability.

40
Q

When is it arguably a waste for claimant to go to governing agency?

A

2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol) . . . Epa (eeoc) . . . flSa (eeoc)

*EPA - file w/ Court or EEOC.

0 A-RAMA2 (218 decks)

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