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0 A-RAMA2 > Empl Liab Phrases > Flashcards

Empl Liab Phrases Flashcards

1
Q

What is protected under Title 7?

A

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

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2
Q

Defenses

A

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

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 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.

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5
Q

What is protected?

A

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

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6
Q

Prima Facie Case.

A

[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

[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 discrim protections apply to 15+ ERs?

A

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

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9
Q

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

A

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

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)

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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

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

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)

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17
Q

Punis are old timey.

A

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.

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18
Q

PORN’S CHARM.

A

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

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

[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.

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

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

24
Q

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

A

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

#s LEAD Aging for All of us.

A

Which theories apply to ALL public ERs.
———–
1981, 1983, 1985
fLsa
Epa
ADa (pub serv) [emp = 15+]
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 Disabled Girl FRiends are too +++ many.
———–
Title 7
ADA (emp) [pub serv = all]
Gina
Ada [employment]
Fcra

30
Q

Double liquids gets you AA.
———–
Which might be impacted by a limit?

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

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.

A

ADA.

34
Q

Capped compensatory.
Punis vs. individual.

A

1981 [intentional] + 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 Disabled Girl FRiends are too +++ many.

A

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

37
Q

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

A

Which theories allow you to sue individuals.
———–
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 Lost Benes only.

A

Title 7 + FCRA.

40
Q

State the 2 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 of Malicious Prosecution.

A

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 in defamation?

A

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

  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

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

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

A

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).

0 A-RAMA2 (218 decks)

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