Material

Question 1

What tort has an element that includes Material Facts?

Answer 1

Fraudulent concealment.

Question 2

What are the 4 elements of Fraudulent Concealment?

Answer 2

Fraudulent Concealment

1) Duty to disclose material facts.
2) Did not disclose.
3) To induce EE to take an action.
4) Damage to Applicant or EE.

Question 3

When does ER have a duty to disclose?

Answer 3

When facts are material. No duty to disclose immaterial facts.

Question 4

What is a ‘material’ fact that triggers a duty to disclose?

Answer 4

One that if the EE had known, would have acted differently.

Question 5

What 4 things are established in Prima Facie Case - Disparate Treatment?

Answer 5

Title 7 MAQS in All Material Respects

1. Member of protected class
2. Adverse employment action -
   a) serious & material change
   b) reason person
3. Qualified
4. Similarly situated to comparator in all material respects.

Question 6

What are the elements of a retaliation claim? - New 2021

Answer 6

Title 7
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1.  	EE engage in protected activity.
2.  	Employer took adverse action 
        OR 
	an action material if it WELL MIGHT HAVE DISSUADED a reason worker from making or supporting a claim of discrim.