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Civil Rights Law > Midterm > Flashcards

Midterm Flashcards

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1
Q

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

A

15

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2
Q

What are prime fascie burdens?

A

The proof a plaintiff needs to prevail

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3
Q

What are the 8 protected classes?

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

Run Cathy Run, See Dandelions, Admire Valiant Nobles

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4
Q

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

A

Disparate Impact

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5
Q

What is at-will employment?

A

Any time/reason termination

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6
Q

Exceptions to at-will employment?

A

Employment contracts, public policy aka partaking in a protected activity

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7
Q

What is a protected activity?

A

Complaint of illegal activity. Protected because retaliation is illegal

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8
Q

Respondeat Superior

A

Supervisor = company

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9
Q

Discrimination vs Harrassment

A

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

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10
Q

What are two types of discrimination claims?

A
  1. Disparate impact
  2. Legitimate business interest
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11
Q

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

A

Legitimate religious observance that can be reasonably accommodated

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12
Q

Sexual Harassment claims must be either:

A
  1. Quid pro Quo
  2. Hostile work Environment
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13
Q

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

A
  1. Sexual in nature
  2. Power must be involved
  3. Benefit/detriment conditioned upon sexual acceptance
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14
Q

Does consent matter in a Quid pro Quo situation?

A

NO

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15
Q

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

A
  1. Sexual in nature
  2. Severe/pervasive
  3. Unwelcome and unwanted
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16
Q

What standard is commonly applied in hostile work environment cases?

A

Reasonable person standard

17
Q

Retaliation Claim must have these 3 things:

A
  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
18
Q

What is a Title VII analytical tool?

A

McDomnell-Douglass Burden Shifting

19
Q

What is McDomnell-Douglass Burden Shifting? (3)

A
  1. Indicia of protected class issue
  2. Business/Defendant tries to prove legitimate business reason
  3. Plaintiff demonstrates #2 is pretext/lie
20
Q

What are examples of indicia of protected class issues?

A

Recency, retalliation

21
Q

Questions to ask to prove pretext in burden shifting:

A

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

22
Q

Two types of evidence for retaliation claims:

A
  1. Direct (smoking gun)
  2. Circumstantial (goes to M-D burden shifting)
23
Q

What is constructive termination?

A

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

24
Q

3 Requirements for religious hostile work environment claim:

A
  1. Religiously derogatory in nature
  2. Severe/Pervasive
  3. Unwelcome/unwanted
25
Q

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

A

YES that’s the point

26
Q

3 Elements of discrimination claims

A

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

27
Q

What business-like entities are exempt from TItle VII?

A

Religious entities

28
Q

3 Aspects of Strict Scrutiny:

A
  1. Compelling government interest
  2. Legitimate government interest
  3. rational/reasonable basis
29
Q

Free Exercise Clause

A

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

30
Q

Free Establishment Clause

A

Government can’t endorse 1 religion over another

31
Q

What must be done to pass strict scrutiny test?

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

Civil Rights Law (1 decks)

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