Empl Liab Phrases

Question 1

What is protected under Title 7?

Answer 1

Retaliate &
Preg
Orig.
Race
Natl.’
Sex
Religion
Color
———–
F’C’RA = Retaliate PORN’S ‘C’HARM

Question 2

Defenses

Answer 2

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

Question 3

Protections afforded.

Answer 3

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 our policy free & no responde a-yee!
———–
(a) It’s the door opener for all const. claims.
(b) Allow suit against officials only - ‘color of law’ (no private indivs).
(c) No respondeat superior.

Question 5

What is protected?

Answer 5

The five conspive vs. race & sex only.
———–
Conspiracy, race, sex.

Question 6

Prima Facie Case.

Answer 6

[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

[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 discrim protections apply to 15+ ERs?

Answer 8

7 Disabled Girl Friends are too ‘++++’ many.
———–
Title 7
ADA - empl [pub serv = all]
Gina
FcRa

Question 9

Which apply to ALL LG ERs?
(There is no 15 employee threshold.)

Answer 9

Mother’s #s LEAD Aging for All of us.
———–
fMla
1981, 1983, 1985
fLsa
Epa
ADa (pub serv -Title2) [emp = 15+ -Title1]
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

It’s unSEEMly to sue 1 indiv for 3 non-official colors.
———–
flSa, Epa, Erisa, fMla (no public official)
1981 + 1985 + 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

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

Naming theories with no S/L tolling while filing w/ Agency.
———–
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

Punitive damages are recoverable against individuals (punis never avail vs. LGs) under 1981.
———–
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

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

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

[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

Defenses available to an ER in ADEA claim.
———–
BOFQ
Other than age
Seniority system
Disparate Impact from app of bona fide EE benes.

Question 24

What Word + PORN’S RoCk (notice it is 7 letters long) = protection?
—————
What is the other Word + phrase = another protection?

Answer 24

Retaliate &
Preg
Orig.
Race
Natl.’
Sex
Religion
Color
———–
F’C’RA = Retaliate PORN’S ‘C’HARM

Question 25

PHRASES ----------- shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally.

Answer 25

PHRASES ----------- 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

PHRASES ----------- #s LEAD Aging for All of us.

Answer 26

PHRASES ----------- Which theories apply to ALL public ERs. ----------- 1981, 1983, 1985 fLsa Epa ADa (pub serv) [emp = 15+] ADEA.

Question 27

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

Answer 27

PHRASES ----------- 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

PHRASES ----------- Harassers are SPURS.

Answer 28

PHRASES ----------- 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

PHRASES ----------- Which theories apply to ERs with 15+ EEs.

Answer 29

PHRASES ----------- 7 Disabled Girl FRiends are too +++ many. ----------- Title 7 ADA (emp) [pub serv = all] Gina Ada [employment] Fcra

Question 30

PHRASES ----------- Double liquids gets you AA. ----------- Which might be impacted by a limit?

Answer 30

PHRASES ----------- 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] ----------- ADA capped 15-100 = $50k 101-200 = $100k 201 - 500 = $200k 500+ = $300k

Question 31

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

Answer 31

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

Question 32

PHRASES ----------- JEFF's lost benes.

Answer 32

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

Question 33

PHRASES ----------- Liquid + Accom + JEFF's Lost Benes.

Answer 33

PHRASES ----------- ADA.

Question 34

PHRASES ----------- Capped compensatory. Punis vs. individual.

Answer 34

PHRASES ----------- 1981 [intentional] + 1983.

Question 35

PHRASES ----------- 2 yrs / 3 yrs Liquid + interest + JEFF’s Lost Benes.

Answer 35

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

Question 36

PHRASES ----------- 7 Disabled Girl FRiends are too +++ many.

Answer 36

PHRASES ----------- Those theories that apply to ERs with 15+ EEs. ----------- Title 7 ADA (emp) [pub serv = all] Gina FcRa

Question 37

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

Answer 37

PHRASES ----------- Which theories allow you to sue individuals. ----------- flSa, Epa, Erisa, fMla (no public official) 1981 + 1983 (if under color of law)

Question 38

PHRASES ----------- Big Momma.

Answer 38

PHRASES ----------- FMLA applies to ERs w/ 50 or more EEs.

Question 39

PHRASES ----------- JEFF's Lost Benes only.

Answer 39

PHRASES ----------- Title 7 + FCRA.

Question 40

ACTIONS ----------- State the 2 elements of Abuse of Process.

Answer 40

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

Question 41

ACTIONS ----------- State the 4 elements of Malicious Prosecution.

Answer 41

ACTIONS ----------- 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

ACTIONS ----------- Who decides whether Def's conduct was indecent, atrocious & intolerable?

Answer 42

ACTIONS ----------- Judge! Not the jury.

Question 43

ACTIONS ----------- What are the 5 elements of qualified privilege in defamation?

Answer 43

ACTIONS ----------- 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

ADA ----------- 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

42 USC 1981 ----------- Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?

Answer 45

42 USC 1981 ----------- But for being Old, 1981 Disabled Retaliated. ----------- Yes. But for. ----------- But for = ADEA + 1981 + ADA + retaliation

Question 46

42 USC 1981 ----------- 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

USERRA ----------- What does USERRA protect?

Answer 47

USERRA ----------- 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 garn1shment. 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).