Employment Law

Question 1

Employment-At-Will Doctrine

Answer 1

***operating in the background
either the employer or employee may terminate employment for any reason at any time

Question 2

Employment at will…except (3 Ps)

Answer 2

• Public Policy
• Promises by Employers
• Protective Statutes

Question 3

Public Policy

Answer 3

workers cannot be fired for:
- refusal to commit an unlawful act
- performing a public duty (jury duty)
- exercising lawful right (workers claim, FMLA)

Question 4

Promises by Employers

Answer 4

• court holds employers to promises made in hiring process, manuals, benefit plans, etc

Question 5

Protective Statutes

Answer 5

• FMLA
• Workers Comp Statutes
• Employment Discrimination

Question 6

FMLA

Answer 6

• employers of 50+ employees must provide employees up to 12 weeks of UNPAID leave annualy for 1. their own illness 2. birth or adoption 3. care of ill spouse, child, parent

Question 7

Eligibility for FMLA

Answer 7

• worked there for more than 1 year AND
• minimum of 1250 hours
  -can exempt the top 10% of its workforce

Question 8

Workers Compensation

Answer 8

allow injured employees to recover under strict liability
- does not need to prove employer negligence

Question 9

Workers comp - employer can’t claim:

Answer 9

• injury was a result of employee’s own negligence
• employee assumed risk of injury
• injury was caused by one employee’s conduct toward another

Question 10

What does injured worker get?

Answer 10

1. hospital and medical expenses
2. disability benefits
3. specified recoveries for loss of body parts
4. death benefits to survivors/dependants

Question 11

Employment Discrimination (title VII)

Answer 11

Prohibits employment decisions against a person based on their membership in a protected class

Question 12

What is not a protected class

Answer 12

sexuality/gender norms

Question 13

Title VII Procedure

Answer 13

1. file charge with EEOC for investigation to file lawsuit or obtain resolution
2. if after 6 months EEOC fails, plaintiff obtains “right to sue” letter
3. plaintiff can file civil lawsuit based on disparate impact or treatment

Question 14

Two ways to prove discrimination

Answer 14

1. Disparate Treatment
2. Disparate Impact

Question 15

Disparate Treatment

Answer 15

• employer treated employee differently because of employee’s race, color, sex, origin

Question 16

Proof of Disparate Treatment

Answer 16

1. show discrimination played a role in employment decision
2. burden of proof shifts to employer to show the same decision would have been made
3. burden shifts back to plaintiff proving employer’s reason is mere pretext

Question 17

Disparate Impact

Answer 17

• employer’s seemingly neutral policies have a disproportionately negative effect on members of a protected class

Question 18

Proof of Disparate Treatment

Answer 18

1. plaintiff shows that employer has rule that seems neutral but has impact
2. burden shifts to employer to show why the practice is necessary
3. shifts back to plaintiff to show other method/criteria would achieve it

Question 19

Employer Defenses to Title VII

Answer 19

• bona fide occupational qualification defense
• bona fide seniority or merit system defense

Question 20

Bona Fide Occupational Qualification

Answer 20

necessary the essence of the job such that the status will prevent the person from doing the job

Question 21

Bona Fide Seniority

Answer 21

treat employees differently based on seniority, quantity or quality of employee’s production, a professionallyT developed ability test

Question 22

Title VII Remedies

Answer 22

compensatory damages (and punitive if intentional), reasonable attourney’s fees, and equitable relief

Question 23

Equitable Relief

Answer 23

may include orders compelling hiring, reinstatemeent or retroactive seniority

Question 24

Consent Decree

Answer 24

a legally binding performance improvement plan