Compare/Contrast + Severance Flashcards
Title 7 vs. 1981. National Origin
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)
Title 7 vs. 1981. Intentional vs. Unintentional
Title 7 - both
1981 - intentional only
Title 7 vs. 1981. Prereqs + Timeline
Title 7 - 300 + (ask at 180) + 90
1981 - no prereqs, 4 yrs.
Overall, which theories offer liquidated (DOUBLE) dmgs?
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)
Motivating Factor.
Gina’s Tits Motivate
———–
Gina
Title 7
But for Age, 1981 Disabled Retaliate.
But for.
But for Age, 1981 Disabled Retaliate
———–
ADEA, ADA, all Retaliation.
3 step burden shifting (McDonnell Douglas)
Title 7.
What 2 avenues require proof of the claim w/ simple 1 step burden?
ADEA, ADA
Sex + Race.
Title 7
FCRA
1985 (conspiracy) (race + sex only)
What 5 types of claims include Race discrimination?
Title 7
FCRA
1982 Property rts (race = ancestry)
1981 Ks (ancestry, ethnic only) intentional
1985 (conspiracy)
Sex
Title 7
FCRA
1985 (conspiracy)
EPA (only)
2 step burden
EPA.
1. PL shows opp sex pd differently for equal work.
2. LG defense (SMAQ) (seniority, merit, another non-sex, quality/quantity.
Sue indiv?
It’s unSEEMly to sue indivs for #s.
———–
flSa, Epa, Erisa, fMla (no public official)
1981 + 1985
1983 (if under color of law)
Which apply to 15+ ERs?
7 Disabled Girl FRiends are too ‘++++’ many.
———–
Title 7
ADA (employ) [pub serv = all]
Gina
FcRa
Which apply to ALL LG ERs?
#s LEAD Aging for All of us.
———–
1981, 1983, 1985
fLsa
Epa
ADa (pub serv) [empl = 15+]
ADEA
apply to All public ERs
Need rt to sue ltr.
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
No rt to sue ltr needed if wait.
Old guy (40-60 yrs old) should not wait too long.
———-
ADEA. Can sue 60 days after filing claim w/ EEOC.
No rt to sue ltr needed if governing agency failure.
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.
State 3 avenues that require no rt to sue ltr.
EPA - b/c can sue w/o filing!
ADA - public services
ADEA - aft 60 days
Which one gets you punis vs. individ?
What kind of individ?
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].
Which ones are EEOC?
eeoc = ballerina, 7 DEGA
———–
Title 7
ADEA
EPA (but can sue w/o filing)
Gina
Ada (pub serv)
Which ones are DOL?
FLSA
FMLA
Which one can you never sue a pub official?
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.)
Who has 3 yrs worth of liquids?
2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol)
Epa (eeoc)
flSa (eeoc)
Who has 2 x back pay as liquidated?
double liquids gets you to AA
ADEA
ADA
Which ones have no toll for filing w/ agency?
2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol)
Epa (eeoc)
flSa (eeoc)
If employ K includes severance what must be included in K?
- Severance may not exceed 20 weeks.
- ## Prohibits if fired for misconduct.*note, if severance paid as a result of settlement, limited to 6 weeks
When pay severance despite not being included in K?
If part of settlement of employment dispute.
Cap of severance pd pursuant to dispute settlement?
6 weeks.
What is not included in severance pay of a public EE?
- Accrued leave.
- Early retirement in pension plan.
- Subsidy for cost of group ins plan
If emplymt K includes severance, what may K not include?
Any provision that limits party’s ability to discuss K.
What is another word for severance?
“Extra compensation” b/c pd when EE not providing any service.
Which theories recover liquidated damages, prejudgment interest + JEFF’s Lost Benes?
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.
What do the 2/3 theories recover & which theories are 2/3?
Liquid + interest + JEFF’s Lost Benes.
2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs. [fMla, Epa, flSa]
What theories recover liquidated but not under the 2/3 scheme?
double liquids gets you to AA
ADEA
ADA
Which theory requires 50 EEs?
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.
JEFF + Lost Benes
are recovered under what theory?
Title 7 + FCRA
JEFF + Lost Benes + Punis
are recovered under what theory?
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)
JEFF + Lost Benes + Punis + Interest
are recovered under what theory?
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.
When is it arguably a waste for claimant to go to governing agency?
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.
