Midterm

Question 1

What minimum number employees are required for application of the Commerce Clause?

Answer 1

15

Question 2

What are prime fascie burdens?

Answer 2

The proof a plaintiff needs to prevail

Question 3

What are the 8 protected classes?

Answer 3

1. Race
2. Color of Skin
3. Religion
4. Sex/Gender
5. Disability
6. Age
7. Veterans
8. National Origin

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Question 4

If a rule is equal on its face, what is something to consider?

Answer 4

Disparate Impact

Question 5

What is at-will employment?

Answer 5

Any time/reason termination

Question 6

Exceptions to at-will employment?

Answer 6

Employment contracts, public policy aka partaking in a protected activity

Question 7

What is a protected activity?

Answer 7

Complaint of illegal activity. Protected because retaliation is illegal

Question 8

Respondeat Superior

Answer 8

Supervisor = company

Question 9

Discrimination vs Harrassment

Answer 9

Discrimination is different treatment. Harassment is poor treatment (environmental).

Question 10

What are two types of discrimination claims?

Answer 10

1. Disparate impact
2. Legitimate business interest

Question 11

What is the key to a religious accommodation claim? (1st prime fascie burden)

Answer 11

Legitimate religious observance that can be reasonably accommodated

Question 12

Sexual Harassment claims must be either:

Answer 12

1. Quid pro Quo
2. Hostile work Environment

Question 13

Quid pro Quo s.h. case must have what 3 things:

Answer 13

1. Sexual in nature
2. Power must be involved
3. Benefit/detriment conditioned upon sexual acceptance

Question 14

Does consent matter in a Quid pro Quo situation?

Answer 14

NO

Question 15

Hostile work environment s.h. must have what 3 things:

Answer 15

1. Sexual in nature
2. Severe/pervasive
3. Unwelcome and unwanted

Question 16

What standard is commonly applied in hostile work environment cases?

Answer 16

Reasonable person standard

Question 17

Retaliation Claim must have these 3 things:

Answer 17

1. Participated in a protected activity
2. Subjected to an adverse job action (OR link to termination chain)
3. 1 and 2 are connected such as recency

Question 18

What is a Title VII analytical tool?

Answer 18

McDomnell-Douglass Burden Shifting

Question 19

What is McDomnell-Douglass Burden Shifting? (3)

Answer 19

1. Indicia of protected class issue
2. Business/Defendant tries to prove legitimate business reason
3. Plaintiff demonstrates #2 is pretext/lie

Question 20

What are examples of indicia of protected class issues?

Answer 20

Recency, retalliation

Question 21

Questions to ask to prove pretext in burden shifting:

Answer 21

Not a previous issue?
Never written up before?
Not documented = self-serving

Question 22

Two types of evidence for retaliation claims:

Answer 22

1. Direct (smoking gun)
2. Circumstantial (goes to M-D burden shifting)

Question 23

What is constructive termination?

Answer 23

Plaintiff cannot work there anymore, may as well have been fired

Question 24

3 Requirements for religious hostile work environment claim:

Answer 24

1. Religiously derogatory in nature
2. Severe/Pervasive
3. Unwelcome/unwanted

Question 25

Can the reasonable person standard be used to determine if something is religious or sexual in nature?

Answer 25

YES that's the point

Question 26

3 Elements of discrimination claims

Answer 26

Same as retaliation claim! 1. Indicia of protected class issue 2. Adverse job action [will participation be rewarded/punished?] 3. Link between 1 and 2

Question 27

What business-like entities are exempt from TItle VII?

Answer 27

Religious entities

Question 28

3 Aspects of Strict Scrutiny:

Answer 28

1. Compelling government interest 2. Legitimate government interest 3. rational/reasonable basis

Question 29

Free Exercise Clause

Answer 29

Fundamental right to practice religion, and govt. needs to display a compelling government interest in order to create infringing laws

Question 30

Free Establishment Clause

Answer 30

Government can't endorse 1 religion over another

Question 31

What must be done to pass strict scrutiny test?

Answer 31

1. Compelling govt interest demonstrated 2. Narrowly tailored law to achieve said interest