Employment Law Flashcards
CBA stands for?
Colective Bargain Agreement
…………………has to do with the right of a person to decline membership in a trade union without risking the loss of employment.
Right to work
The right to work is protected by…………
The Texas Labor Code
What act prohibits discrimination on the basis of: Race Color Religion Sex National origin
Title VII of the Civil Rights of 1964
Is sexual orientation a protected class?
Not under Title VII of the Civil Rigst Act of 1964
Are you a member of a protected class?
Yes, every body has multiple protections
Title VII applies to all government employers, and private employers with……………. or more employees.
15
EEOC stands for?
Equal Employment Opportunity Commission
TWC stands for?
Texas Workforce Commission
Employment is enforced by?
EEOC
TWC
Does Racial Discrimination Exist?
yes
an employer has to hire the most qualified?
no
an employer has to promote the highest producer¡
no
An employer has to give equal raises?
no
What does religion cover?
all religions, been religious, holidays, special dresses.
What does sex cover?
Either sex
Includes pregnancy discrimination
Includes sexual harassment (opposite sex or same sex)
……………..is of particular interest to EEOC right now
National Origin
ADEA stands for?
Age Discrimination Employment Act
ADEA protects individuals who are………. or older from employment discrimination based on age.
40
Is age preferences in ads or job notices, age inquiries prior to job offer. or lower age limit.
permited in adds?
no
…………….prohibits discrimination based on disability.
ADA
Why is it different from all other employment discrimination laws?
because they have to make special accommodations
What is also unlawful under the ADA law?
Retaliation
FMLA stands for?
Family and Medical Leave Act
In FMLA an employee has……………….of unpaid leave each year
12 weeks
FMLA applies to employers with……… or more employees and that have worked there at least
50
12 months
FMLA applies for?
Birth or adoption of child; Care for an immediate family member with a serious health condition; When the employee is unable to work because of a serious health condition Intermittent/ Reduced Schedule Leave Substitution of Paid Leave Medical Certification Maintenance of health benefits Job restoration
In the Lilly Ledbetter case SoL was only ……………..days for that kind of claim in Alabama.
180
Just 8 days after taking office, President Obama signed the first law of his presidency: ……..
The Lilly Ledbetter Fair Pay Act.
…………………………restores the long standing interpretation of civil rights laws and EEOC policies that allow employees to challenge any discriminatory paycheck they receive.
The Lilly Ledbetter Fair Pay Act
The Texas law that is analogous to Title VII of the Civil Rights Act is the …………………. Texas Labor Code, Chapter 21.
Texas Commission on Human Rights Act,
………………………….prohibits employers from terminating an employee for serving as a juror.
Texas Juror Reemployment Act
Under………..chapter 22 of the CPRC employees can get damages of from ……………….. salary plus attorney fees and the violation is a ……………………….
1-5 years’ class B misdemeanor
A person may not discriminate against an employee just because s/he filed a…………….
workers’ comp claim.
May an employer refuse to permit an employee to be absent for the purpose of attending a convention to which the employee is a delegate.
No
Can a nursing home employee be discriminated for reporting patient abuse or neglect.
No
exceptions to Employment At Will….
Contracts
Promissory Estoppel
Termination for refusing to perform a criminally illegal act
What is the most common exception of Emplyment at Will?
Contracts
What is promissory Estoppel
detrimental reliance
Can you be terminated for refusing to perform a criminally illegal act
No
Givetwo employment Law Myths
The law requires rest and meal breaks.
The law requires employers to provide paid sick and vacation leave.
Does an employees have a right to see their personnel files.
No
Does the law requires employers to pay “overtime” rates for holidays.
No
May a potential employer ask… How you intend to get to work? What is your date of birth? Have you ever been arrested? What are your child care plans? Are you a U.S. citizen?
yes no no no no
Under…………………………………… , employers have a privilege to release information about a current or former employee’s job performance, and there is immunity from civil liability, unless the employer knew the info was false or the disclosure was made with malice or reckless disregard for the truth
Chapter 103 of the Texas Labor Code
What is the process if you believe you have been discriminated against based on your membership in a protected class?
See what the Statutes of Limitations,
File a complaint with the EEOC.
EEOC investigates.
If they accept it, it becomes a charge
In Texas, you have ,,,,,,,,,,,,,,,,,,, to file a charge with the EEOC and those days start counting when…………….
300 days
termination
If the EEOC does not accept the charge, or accepts the charge but cannot resolve it, then it will either prosecute the case or issue a…
Right to Sue Letter
The………………….. letter says that you have “exhausted administrative remedies,” which is a requirement prior to filing a civil suit against the employers.
You have…………… to file in federal court, after receiving the letter.
Right to Sue Letter
90 days
Many cases the employers file a………………….to get poured out of a case
Motion for Summary Judgment
