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Empl Liab Phrases Flashcards

1
Q

What is protected under Title 7?

A 
Title 7     Retaliate + 7 ltrs, PORN’S RoCk
-----------
Retaliate &
Preg 
Orig.
Race
Natl.’
Sex
Religion
Color
-----------
F'C'RA = Retaliate PORN’S 'C'HARM
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2
Q

Defenses

A 
ADEA
-----------
old BOSses DIe
-----------
BOFQ
Other than age
Seniority system
Disparate Impact from app of bona fide EE benes.
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3
Q

Protections afforded.

A 
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.
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4
Q

What’s UNIQUE about 1983?

A

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).

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5
Q

What is protected?

A 
42 USC 1985     
-----------
The five conspive vs. race & sex only.
-----------
Conspiracy, race, sex.
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6
Q

Prima Facie Case.

A 
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.
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7
Q

What 4 things must ER have to prove to defend?

A 
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]

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8
Q

Which apply to 15+ ERs?

A 
15+    7 Girl FRiends
-----------
7 Girl Friends are too '++++' many.
-----------  
Title 7
Gina
FcRa
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9
Q

Which apply to ALL LG ERs?

A 
All #s LEAD.
-----------
1981, 1983, 1985
fLsa
Epa
Ada
aDea.
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10
Q

Liquidated DOUBLE dmgs available.

A 
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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11
Q

Sue indiv?

A

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

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12
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.

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13
Q

Which one gets you punis vs. individ?

A

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

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

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14
Q

Which ones have no toll for filing w/ agency?

A

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

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15
Q

State the 4 elements of Title 7 harassment claim.

A 
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.
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16
Q

You’re a MESs.

A

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

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17
Q

Punis are old timey.

A

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

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

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18
Q

PORN’S CHARM.

A 
F'C'RA protections.    
-----------
*Preg  (*viewed as sex discrim)
Orig.
Race
Natl
Sex 
Color
Handicap
Age
Relig.
Marital Status
*Natl O letters spread out.
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19
Q

A.M. ALE

A 
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)
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20
Q

SMAQ.

A 
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.
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21
Q

The five conspive vs. race & sex only.

A

1985 addresses conspiracy to discriminate on race & sex only,

22
Q

1983 Officially sets you free!

A

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).

23
Q

old BOSses DIe

A

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

24
Q

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

A 
Title 7 protections.
-----------
Retaliate &
Preg 
Orig.
Race
Natl.’
Sex
Religion
Color
-----------
F'C'RA = Retaliate PORN’S 'C'HARM
25
Q

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

A 
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.
26
Q

All #s LEAD

A 
Which theories apply to ALL public ERs.
-----------
1981, 1983, 1985
fLsa
Epa
Ada [public services]
aDea.
27
Q

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

A

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

28
Q

Harassers are SPURS.

A

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.
29
Q

Which theories apply to ERs with 15+ EEs.

A 
7 Girl FRiends are too +++ many. 
-----------
Title 7
Gina
Ada [employment]
Fcra
30
Q

Double liquids gets you AA

A

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]

31
Q

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

A 
Theories that have liquidated for 2 yrs (unintentional) + 3 yrs (willful).
-----------
fMla     (dol)
Epa      (eeoc)
flSa      (eeoc)
32
Q

JEFF’s lost benes.

A 
The base amount for all claims.
Jury.
Equitable.
Front/back pay.
Fees + costs.
Lost benes.
33
Q

Liquid + Accom + JEFF’s Lost Benes.

34
Q

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

A

1981 + 1983.

35
Q

2 yrs / 3 yrs

Liquid + interest + JEFF’s Lost Benes.

A 
2-3 yrs of liquids & you didn't pay the toll.  You're a MESs.
-----------
fMla     (dol)
Epa      (eeoc)
flSa      (eeoc)
36
Q

7 Girl FRiends are too +++ many.

A 
Those theories that apply to ERs with 15+ EEs.
-----------
Title 7
Gina
FcRa
37
Q

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

A

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

38
Q

Big Momma.

A

FMLA applies to ERs w/ 50 or more EEs.

39
Q

JEFF’s Benes only.

A

Title 7 + FCRA.

40
Q

State the2 elements of Abuse of Process.

A

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

41
Q

State the 4 elements.

A 
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
42
Q

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

A

Judge! Not the jury.

43
Q

What are the 5 elements of qualified privilege?

A 
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.
44
Q

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

A 
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.
45
Q

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

A

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

46
Q

State 3 defenses to a 1981 claim.

A 
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.
47
Q

What does USERRA protect?

A

  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.
48
Q 
Assorted Fed
----------
What happens to ER if fires EE for jury duty
vs.
Fire for garnishment?
A 
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).
49
Q

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

A

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.

50
Q

Which avenues are EEOC?

A

EEOC dances like 7 DEGA ballerinas.

Title 7
aDea
Epa
Gina
Ada
51
Q

State the 6 elements of negligent retention claim.

A

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.

Phrases (9 decks)

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