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Employment Law Final > Employment Law Final > Flashcards

Employment Law Final Flashcards

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0
Q

Hostile Work Environment - Sexual Harassment

A

GENDER
1. Member of a protected class
2.behavior must be based on sex
3. unwelcome*
4. behavior must be severe and pervasive
5.that it creates an intimidating hostile or offensive work environment
(show effect on work performance- difficult to show if you ex just cry at home) (missing work would show)

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1
Q

SEXUAL HARASSMENT

A

1.quid pro quo(this for that)
ex. have sex with me or ill fire you
SUPERVISOR makes sex a condition of continued employment (sexual activity for something)

  1. Hostile Work Environment - Sexual Harassment
    GENDER
  2. Retaliation -
    ( most of the time you need other people to testify)
    if you help them or make a complaint then something bad happens(demotes, poor performance evaluation)
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2
Q

Religion discrimination

A
  • title 7 not only forbidden to discriminate but must “reasonably accommodate” ees religious practices.

-unless the accommodation would create “undue hardship”
(must be more than mere inconvenience)
- must consider ees proposed accommodation but does not have to adopt
-title 7 permits religious disc. by religious organizations.
- religion is “all aspects” of observance and practice, as well as belief.
-no necessity that it be a tenet of particular sect. sincerely held belief

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3
Q

National Origin Discrimination

A
  • ok to discriminate based on citizenship under title 7

- not ok to discriminate based on national origin

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4
Q

National origin

A
  1. limited
  2. reasonable
  3. not pretext for discrimination
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5
Q

what is national origin?

A
  1. country of origin
    2.ancestors country of origin
    (ee has physical, cultural, or linguistic characteristic of that country)
  2. married to person, causing not orig. discrimination
  3. association with a particular ethnic group.
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6
Q

ADEA

Age Discrimination in Employment Act 1967

A

lenient to the employer
much more er latitude for permissible discrimination(( any reasonable factor other than age)
- now no upper age limit
- prima faca case McDonald v Douglas

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7
Q

Employer Defenses ADEA ** BFOQ

A
  1. BFOQ;
    A. must show it reasonably relates to essential operation of the business & either B.or C. (stats)
    B. practical basis for believing most people of this age can not do it.
    OR barely ex.(old ppl in bakery - heat)
    C. it is impossible or impractical to determine job fitness on an individual basis.
    - it was too much to test & retest
    - they can say “test me” but employers don’t have too.
    (impossibe or impractical -must show stenotype)
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8
Q

Employer Defenses ADEA **

A
  1. BFOQ **-
  2. (Desperate impact) (Business Necessity/ job related) reasonable factor other than age (ex typing)
  3. bona fide retirement plan
    • voulintary
    • sweeten the pot
    • R.I.F.
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9
Q

ADA American with Disabilities Act

A
  • to protect individuals from 3 kinds of barriers to employment
  1. (Desperate Treat.) INTENTIONAL DISCRIMINATION (Social Bias)
  2. (Desperate Impact) NEUTRAL STANDARDS w DI (Drivers license)
  3. DISCRIMINATION as a RESULT OF BARRIERS to the job Performance that can be fully overcome by ER accommodation.
    (we do not have a handicap entrance)
    • can not wait until problem arises; take steps to make workplace accessible NOW
    • value of disabled workers as resources greatly outweighs the costs.
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10
Q

Who is DISABLED covered under the ADA? (Perceived)

A

“disabled” under ADA = Prego, depression, cancer, blindness…

  1. ACTUALLY DISABLED= physical or mental impairment that substantially limits one or more of the MAJOR life activities.
    ex. sterile(before mitigation)
  2. RECORD OF DISABILITY= no discrimination against person because he/she WAS disabled.
  3. PERCEIVED AS DISABLED= regarding by ER as disabled (overweight… ) (sutton case; eyeglasses)
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11
Q

Disabled (ADA)

Would he still be Qualified? (if he wasn’t blind)

A
  1. otherwise qualified
  2. is there a REASONABLE ACCOMMODATION that would allow this person to do the job?
  3. REASONABLE ACCOMMODATION= would not cause the ER UNDUE HARDSHIP
    * determined on a case by case basis
    * EE must ask
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12
Q

Labor Law Established

A

(Wagner act- 1935 set the president)

Est.

  1. right of EEs to form Unions
  2. est. National Labor Relations Board(NLRB)
  3. Defined & created unfair labor practices (ULPs)
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13
Q

NLRB (national labor rel. board) (not as important)

A
  • created to administer NLRA & prevent ULPs
  • not bound by precedent
  • certify/ oversee process of est. union
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14
Q

NLRB process (not important)

A
  1. party who claims violation of NLRA files a charge alleging ULP
  2. investigation by NLRB
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15
Q

NLRA Right to Unionize

A
  1. only non-management, non-supervisory ees (ability to hire, fire)
  2. ees w/community of interest form bargaining unit; NLRB decided based on :
    1. similar job functions
    2. skills
    3. wages & benefits
    4. supervision
16
Q

Section 7 rights of NLRA protects these;

A

(collective emp. rights)
RT to engage in Concerned Activity
1. Rt to form, join, or assist in unions
2.bargain collectively through unions freely chosen by them
3. engage in concerned activity with others in pursuit of collective bargaining or for their mutual aid & protection
4. refrain from an or all of these activities.

17
Q

ER obligation to Section 7 rights (once union has been certified by NLRB)

A
  • to bargain in good faith about mandatory subjects of bargaining
    1. wages
    2. hours
    3. terms & conditions of employment
  • end result CBA
18
Q

Employer ULPs

A
  • engaging in activity that tends to interfere with restrain or coerce ees in the excursive of sect. 7 rights including;
    1. trying to control/dominate union or assist
    (suppose er like one union not the other so they sway them. er cannot make suggestions) ULP
    2. refusing to bargain in good faith
    good faith:meeting
    1. reasonable times
      2.w/ open mind
    2. sincere desire to reach an agmt.
      1. employment discr. = changing the terms and conditions of employment to discharge (ex 2 bathroom breaks /… will discharge for excersizing rights)
19
Q

Runaway shop

A

the removal of er facility in order to avoid union representation
(er is completely free to shut down business)

20
Q

exception Union Security Clause

A

er must agree - in collective barganing agmt.
says any one works here must join the union w. in 30 days ( looks like disc) these are allowed not automatic er must agree

21
Q

financial core membership

A

middle ground makes them pay but only for their services associated costs - if they do not want to join a union

22
Q

retaliation

A

cannot retally against ee to change his terms / conditions of employment of his sec 7 rights

23
Q

Union Unfair Labor Practices

A
  1. interfering, restraining or coercing ees in exercise of sec 7 rights
  2. restraint and / or coercion of er (some res. allowed)
    a. threats intimidation
    b. interference with ers right to choose reps to bargain
    c. causing or attempting to cause er to discriminate against ee
  3. refusal to bargain in good faith
  4. involving neutrals in labor dispute
    a. threats, coercion of secondary er
    b. hot cargo agmt- prohibited illegal
    c. fetther bedding - req.er to pay for work that wasn’t done
24
Q

hot cargo agmt

A

any er who has a labor dispute w a union, it will not touch the product like to buy it (except = in construction industry)

25
Q

Economic weapons

A
  1. strikes= refusal to work ; can include
    A. ECONOMIC STRIKE = (anything about pay)
    exert on er about economic issues PROTECTED
    B. UNFAIR LABOR PRAC. STRIKE= PROTECTED
    er must reinstate strikers at end of strike
    C. SYMPATHY STRIKE= SOMETIMES PROTECTED
    D. WILD CAT STRIKE= not authorized by union generally NOT PROTECTED
26
Q

LOCKOUT

A

er retaliated either offensive or defensive, engaged in a labor dispute to work
- to put pressure on the union
ees are allowed to collect unemployment

Employment Law Final (1 decks)

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