Employment Law Flashcards
Employment-At-Will Doctrine
***operating in the background
either the employer or employee may terminate employment for any reason at any time
Employment at will…except (3 Ps)
- Public Policy
- Promises by Employers
- Protective Statutes
Public Policy
workers cannot be fired for:
- refusal to commit an unlawful act
- performing a public duty (jury duty)
- exercising lawful right (workers claim, FMLA)
Promises by Employers
- court holds employers to promises made in hiring process, manuals, benefit plans, etc
Protective Statutes
- FMLA
- Workers Comp Statutes
- Employment Discrimination
FMLA
- 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
Eligibility for FMLA
- worked there for more than 1 year AND
- minimum of 1250 hours
-can exempt the top 10% of its workforce
Workers Compensation
allow injured employees to recover under strict liability
- does not need to prove employer negligence
Workers comp - employer can’t claim:
- injury was a result of employee’s own negligence
- employee assumed risk of injury
- injury was caused by one employee’s conduct toward another
What does injured worker get?
- hospital and medical expenses
- disability benefits
- specified recoveries for loss of body parts
- death benefits to survivors/dependants
Employment Discrimination (title VII)
Prohibits employment decisions against a person based on their membership in a protected class
What is not a protected class
sexuality/gender norms
Title VII Procedure
- file charge with EEOC for investigation to file lawsuit or obtain resolution
- if after 6 months EEOC fails, plaintiff obtains “right to sue” letter
- plaintiff can file civil lawsuit based on disparate impact or treatment
Two ways to prove discrimination
- Disparate Treatment
- Disparate Impact
Disparate Treatment
- employer treated employee differently because of employee’s race, color, sex, origin
Proof of Disparate Treatment
- show discrimination played a role in employment decision
- burden of proof shifts to employer to show the same decision would have been made
- burden shifts back to plaintiff proving employer’s reason is mere pretext
Disparate Impact
- employer’s seemingly neutral policies have a disproportionately negative effect on members of a protected class
Proof of Disparate Treatment
- plaintiff shows that employer has rule that seems neutral but has impact
- burden shifts to employer to show why the practice is necessary
- shifts back to plaintiff to show other method/criteria would achieve it
Employer Defenses to Title VII
- bona fide occupational qualification defense
- bona fide seniority or merit system defense
Bona Fide Occupational Qualification
necessary the essence of the job such that the status will prevent the person from doing the job
Bona Fide Seniority
treat employees differently based on seniority, quantity or quality of employee’s production, a professionallyT developed ability test
Title VII Remedies
compensatory damages (and punitive if intentional), reasonable attourney’s fees, and equitable relief
Equitable Relief
may include orders compelling hiring, reinstatemeent or retroactive seniority
Consent Decree
a legally binding performance improvement plan
