Material Flashcards
What tort has an element that includes Material Facts?
Fraudulent concealment.
What are the 4 elements of Fraudulent Concealment?
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.
When does ER have a duty to disclose?
When facts are material. No duty to disclose immaterial facts.
What is a ‘material’ fact that triggers a duty to disclose?
One that if the EE had known, would have acted differently.
Title 7
What 4 things are established in Prima Facie Case - Disparate Treatment?
she’s a MAQS daddy in a Serious Reasonable way
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.
What are the elements of a retaliation claim? - New 2021
Title 7 ----------- 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.