Exam 2

Question 1

employment law covers what?

Answer 1

hiring, firing, disp, promos and benfits

Question 2

sex laws covers..

Answer 2

gender and sexual orientation

Question 3

what is the relations clause?

Answer 3

refusal to engage in discrim actions and having wrong done on to them

Question 4

Vll plaintiffs (employment laws)

Answer 4

Back to job
	Front pay
		= of reinstatement
	Attorney fees and $
	Compensatory no more than 300,000 unless  it is a race case where there is no cap of money

Question 5

Reasonable person test

Answer 5

ordinary person., how would they react?

Question 6

Harassment in the work place, the boss is liable when (employee bullying another employee)

Answer 6

If employee is the harasser then the employer is liable if they didn’t try to help

Question 7

the employer is not liable when (employee v employee)

Answer 7

No liable if they did try to help and if the employee did not take advantage of percussions.

Question 8

Sexually harassment

Tangible employment action?

Answer 8

you do something for me and I do something for you- employer is liable

Question 9

Hostile work environment

Answer 9

rude comments, advances, ect., easier to prove UNLESS the employer shows they are not negligent, training, anon tip line

Question 10

Oncale v sundowner off shore services incorp outcome

Answer 10

same sex harassment, supreme court says gender does not matter

Question 11

Theory of discrim, supreme court, under civil rights act

Disparate treatment

Answer 11

intentionally discrim against protected groups

Question 12

Disparate impact

Answer 12

unintentional prosecuted result in a group of people being fired

Question 13

Race and color

Answer 13

protection for black, white and asiain people

Question 14

National origin

Answer 14

EEOC sees Hispanics as people from the country they originate- accent, culture ect.

Question 15

Religion

Answer 15

must accommodate! Or try to UNLESS it brings undue hardship to the employer
Garments- employer must have justifiable policies such as implementing safety reasons
Training of supervisors

Question 16

Eeoc v alamo rent a car

Answer 16

discrim

Question 17

Eeoc v Kelly services

Answer 17

not discrim

Question 18

Key exceptions of employment law

Answer 18

BFOQ- bona fide occupational qualifications
When the sex religion or national origin is a reasonably necessary to norm operations of bus- essence of bus test
Ex. Men’s clothing store needs tailors in dressing room areas- OK
The coffee shops will not hire catholic- NOT OK
Seniority
Been there longer- gets promo
Testing and educational requirements
Tests are not designed to discrim but to engage the abilities of the job

Question 19

Affirmative action programs

Answer 19

Represents community around them- all races, national orgin, genders and sex

Question 20

Other eeo law

Answer 20

Equal pay act
Age discrim employment act (adea)
Protections for disabilities act (ADA)- must be able to prove the disability
Employee health and safety- OSHA
Gen duty- free from hazards or likely to cause death or serious physical harm
Maintain records- occupational illness, injuries resulting in death, loss of m=one or more workdays