Empl Liab Phrases

Question 1

What is protected under Title 7?

Answer 1

Title 7     Retaliate + 7 ltrs, PORN’S RoCk
-----------
Retaliate &
Preg 
Orig.
Race
Natl.’
Sex
Religion
Color
-----------
F'C'RA = Retaliate PORN’S 'C'HARM

Question 2

Defenses

Answer 2

ADEA
-----------
old BOSses DIe
-----------
BOFQ
Other than age
Seniority system
Disparate Impact from app of bona fide EE benes.

Question 3

Protections afforded.

Answer 3

F'C'RA      PORN’S 'C'HARM     
-----------
*Preg  (*viewed as sex discrim)
Orig.
Race
Natl
Sex 
Color
Handicap
Age
Relig.
Marital Status
*Natl O letters spread out.

Question 4

What’s UNIQUE about 1983?

Answer 4

1983 Officially sets you free!
———–
(a) It’s the door opener for all const. claims.
(b) Allow suit against officials only - ‘color of law’ (no private indivs).

Question 5

What is protected?

Answer 5

42 USC 1985     
-----------
The five conspive vs. race & sex only.
-----------
Conspiracy, race, sex.

Question 6

Prima Facie Case.

Answer 6

EPA     ssss – snakes
-----------
[shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally.]
-----------
Male & female doing
1.	Substly equal wrk;
2. 	Substly equal skill, effort, and responsibility;
3. 	Similar working conditions;
4. 	Sex pd less.

Question 7

What 4 things must ER have to prove to defend?

Answer 7

EPA     SMAQ       
-----------
[shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally.]
-----------
1.   Seniority System;
2.  Merit System;
3.  Another non-sex reason;
4.  Quality or quantity of production.

–
[don’t get confused w/ ADEA defenses BOSsDIE]

Question 8

Which apply to 15+ ERs?

Answer 8

15+    7 Girl FRiends
-----------
7 Girl Friends are too '++++' many.
-----------  
Title 7
Gina
FcRa

Question 9

Which apply to ALL LG ERs?

Answer 9

All #s LEAD.
-----------
1981, 1983, 1985
fLsa
Epa
Ada
aDea.

Question 10

Liquidated DOUBLE dmgs available.

Answer 10

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)

Question 11

Sue indiv?

Answer 11

flSa, Epa, Erisa, fMla (no public official)
1981 + 1983 (if under color of law)

Question 12

No rt to sue ltr needed if wait.

Answer 12

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

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

Question 13

Which one gets you punis vs. individ?

Answer 13

Punis are old timey so intentional race (think post-slavery).

1981 (intentional race) gets you punis vs. individual official.

Question 14

Which ones have no toll for filing w/ agency?

Answer 14

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

Question 15

State the 4 elements of Title 7 harassment claim.

Answer 15

Title 7
-----------
Harassers are SPURS
1.  Severe + Pervasive.
2.  Unwelcome.
3.  Responsibility of ER.  [Auto liab for supervisor, contingent on knew or shd have known for others.
4.  based on Suspect class.

Question 16

You’re a MESs.

Answer 16

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

Question 17

Punis are old timey.

Answer 17

Punis are old timey so intentional race (think post-slavery).

1981 (intentional race) gets you punis vs. individual official.

Question 18

PORN’S CHARM.

Answer 18

F'C'RA protections.    
-----------
*Preg  (*viewed as sex discrim)
Orig.
Race
Natl
Sex 
Color
Handicap
Age
Relig.
Marital Status
*Natl O letters spread out.

Question 19

A.M. ALE

Answer 19

Theories under which a PL can recover liquidated damages.
-----------
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)

Question 20

SMAQ.

Answer 20

The defenses available to a Def in EPA claim.
-----------
[shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally.]
-----------
1.   Seniority System;
2.  Merit System;
3.  Another non-sex reason;
4.  Quality or quantity of production.

Question 21

The five conspive vs. race & sex only.

Answer 21

1985 addresses conspiracy to discriminate on race & sex only,

Question 22

1983 Officially sets you free!

Answer 22

42 USC 1983

(a) It’s the door opener for all const. claims.
(b) Allow suit against officials only - ‘color of law’ (no private indivs).

Question 23

old BOSses DIe

Answer 23

BOFQ
Other than age
Seniority system
Disparate Impact from app of bona fide EE benes.

Question 24

PORN’S RoCk (notice it is 7 letters long).

Answer 24

Title 7 protections.
-----------
Retaliate &
Preg 
Orig.
Race
Natl.’
Sex
Religion
Color
-----------
F'C'RA = Retaliate PORN’S 'C'HARM

Question 25

shout ‘EPA” when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally.

Answer 25

Elements of a claim under EPA.
-----------
Male & female doing
1.	Substly equal wrk;
2. 	Substly equal skill, effort, and responsibility;
3. 	Similar working conditions;
4. 	Sex pd less.

Question 26

All #s LEAD

Answer 26

Which theories apply to ALL public ERs.
-----------
1981, 1983, 1985
fLsa
Epa
Ada [public services]
aDea.

Question 27

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

Answer 27

Under ADEA, the claimant can file suit 60 days after filing w/ EEOC regardless of whether he’s received a rt to sue ltr.

Question 28

Harassers are SPURS.

Answer 28

State the 4 elements of Harassment under Title 7.

1. Severe + Pervasive.
2. Unwelcome.
3. Responsibility of ER. [auto liab for supervisor, contingent on knew or shd have known for others.
4. based on Suspect class.

Question 29

Which theories apply to ERs with 15+ EEs.

Answer 29

7 Girl FRiends are too +++ many. 
-----------
Title 7
Gina
Ada [employment]
Fcra

Question 30

Double liquids gets you AA

Answer 30

2 theories that give liquidated, but not on 2/3 scheme]
ADA [300 + 90, ltr if can’t complete in 180 days]
ADEA [300 + 90, sue aft 60 w/o ltr]

Question 31

2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.

Answer 31

Theories that have liquidated for 2 yrs (unintentional) + 3 yrs (willful).
-----------
fMla     (dol)
Epa      (eeoc)
flSa      (eeoc)

Question 32

JEFF’s lost benes.

Answer 32

The base amount for all claims.
Jury.
Equitable.
Front/back pay.
Fees + costs.
Lost benes.

Question 33

Liquid + Accom + JEFF’s Lost Benes.

Answer 33

ADA.

Question 34

Punis (vs. individuals) + JEFF’s Lost Benes available.

Answer 34

1981 + 1983.

Question 35

2 yrs / 3 yrs

Liquid + interest + JEFF’s Lost Benes.

Answer 35

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

Question 36

7 Girl FRiends are too +++ many.

Answer 36

Those theories that apply to ERs with 15+ EEs.
-----------
Title 7
Gina
FcRa

Question 37

It’s unSEEMly to sue 1 indiv for 3 non-official colors.

Answer 37

flSa, Epa, Erisa, fMla (no public official)
1981 + 1983 (if under color of law)

Question 38

Big Momma.

Answer 38

FMLA applies to ERs w/ 50 or more EEs.

Question 39

JEFF’s Benes only.

Answer 39

Title 7 + FCRA.

Question 40

State the2 elements of Abuse of Process.

Answer 40

Abuse the Law Intentionally or Unlawfully
———–
(1) Willful or intentional misuse of process
(2) Wrongful and unlawful purpose.

Question 41

State the 4 elements.

Answer 41

Malicious Prosecution
-----------
I Won on the Merits, now I'm MAD.
-----------
(1)  Win in court on the merits.
(2)  Malice
(3)  Absence of probable cz.
(4)  Damages

Question 42

Who decides whether Def’s conduct was indecent, atrocious & intolerable?

Answer 42

Judge! Not the jury.

Question 43

What are the 5 elements of qualified privilege?

Answer 43

Defamation
-----------
Defamer, listener & medium all qualified.
(1)   Good faith; 
(2)  A duty to speak; 
(3)  A duty to listen/read.
(4)  Proper occasion; and
(5)  Publication in a proper manner.

Question 44

What 3 things show you’re “Qualified” under ADA?

Answer 44

ADA     DAFfy is qualified.
-----------
1.	w/ a disab. who,
2.	w/ or w/o reason. accomm
3. 	can perform the essential functions of the job.
-----------
Elements:
1)   Qualified.
2)  Impaired.
3)  Requested reas accom.

Question 45

Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?

Answer 45

But for being Old, 1981 Disabled Retaliated.
———–
Yes. But for.
———–
But for = ADEA + 1981 + ADA + retaliation

Question 46

State 3 defenses to a 1981 claim.

Answer 46

42 USC 1981
-----------
Absolutely can't Qualify in 81 b/c you need 83.
-----------
Absolute Immunity
&
Qualified Immunity
&
Needs 1983.
-----------
An alt. to Title 7.

Question 47

What does USERRA protect?

Answer 47

1. Hold job for 5 yrs. Must give a subst. similar job.
2. ## Can’t fire for 1 yr, unless for cause.How remember?
   USERRA = 6 ltrs. Gives 6 yrs of protection.

Question 48

Assorted Fed
----------
What happens to ER if fires EE for jury duty
vs.
Fire for garnishment?

Answer 48

Assorted Fed
----------
COMM SERV + $5k + wages/benes
-----------
Don't get confused w/ firing for garnishment.
JAIL 1 yr + $1k  
-----------
How remember?
You can pretty much get out of jury duty (light) but you can never get out of a garnishment (heavy).

Question 49

What items are related in a 2 & 3 year scheme?

Answer 49

2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol) . . . Epa (eeoc) . . . flSa (eeoc)
———-
S/L sue LG in negligence = 3 yrs.
UNLESS for wrongful death = 2 yrs.

Question 50

Which avenues are EEOC?

Answer 50

EEOC dances like 7 DEGA ballerinas.

Title 7
aDea
Epa
Gina
Ada

Question 51

State the 6 elements of negligent retention claim.

Answer 51

Duty to Retain Shd Prevent Harm Caused.

(1) Duty to use reas care in retaining.
(2) Knew or shd known of unfitness.
(3) Unreasonably failed to prevent foreseeable harm.
(4) Harm by EE’s independent wrongful act.
(5) Act was foreseeable in light of the unfitness.
(6) ER’s unreasonable failure to take corrective action is legal cause of PL’s injury.