Numbers, Emplymt Flashcards
Applies to?
15+ 7 Disabled GirlFRiends are too+++ many. ----------- Title 7 ADA Gina FcRa
State the timeline for a Title 7 claimant.
Title 7 ----------- 300 + (can ask @ 180) + 90 300 days of adverse action 180 days can request rt to sue ltr 90 days to file in Fed Ct.
7, ADEA, ADA + Gina
What is the statute of limitations on a Title 7 claim?
300 + 90 // can ask at 180
Ledbetter, each payck = new.
vs. 1981 = 4 yrs.
What does ADEA protect?
Applicants [except disparate treatment] & Employees
40 y.o.a.
Pre-Reqs
300 + (can sue after 60) + 90
Do you need a rt to sue ltr?
No. Can sue after 60 days.
Title 1 applies to?
Employment w/ 15+ public ERs.
Pre-Reqs. Title 1
300 + 90 (re: employment)
Pre-Reqs. Title 2.
ADA ----------- No need to file w/ DOJ or get rt to sue ltr. Give LG 60 days to fix. Addtl 120 days if subst. progress.
GINA
Applies to who?
GINA ----------- 15+ 7 Disabled GirlFRiends are too+++ many. ----------- Title 7 ADA (pub serv) [emp = 15+] Gina FcRa
Applies to?
FCRA ----------- 15+ 7 Disabled Girl FRiends are too+++ many. ----------- Title 7 ADA Gina FcRa
S/L NEW
1 yr To file charge w/ FCRA.
180 days FCHR has to make reas cz determin.
1 yr. After det. to req DOAH hrg or file suit.
Rt to sue ltr needed?
No. If FCHR makes no determ in 180 days, can file suit. No need for early rt to sue ltr.
S/L
4 yrs.
S/L
4 yrs.
What is protected?
What is the S/L?
Five Conspive for Race & Sex only.
4 yrs.
S/L
EPA ----------- 2-3 yrs of liquids & you didn't pay the toll. You're a MESs. fMla (dol) Epa (eeoc) flSa (eeoc)
What does ER have to prove?
EPA SMAQ ----------- 1. Seniority System; 2. Merit System; 3. Another non-sex reason; 4. Quality or quantity of production. ----------- [shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally] [don't get confused w/ ADEA defenses old BOSses DIe]
Does EPA address intentional and/or unintentional discrimination?
2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol)
Epa (eeoc)
flSa (eeoc)
EPA
State 2 damages.
EPA
1. Diff in comp during 2 (unintent) or 3 (intent) span
–PLUS–
2. Liquidated for willful, malicious, reckless:
Equal to amt of loss
∑ double dmgs (2 x back pay)
EPA summary
EPA ----------- Only wages, only sex. Must have comparator. 2 yrs vs. 3 yrs. Get liquidated for intentional (3 yrs).
What protections are made available?
CHALLENGE: State the specific numbers involved.
FLSA
- Min Wage @ $7.25
- OT @1½.
S/L
FLSA 2 yrs + 3 yrs (willful) ----------- 2-3 yrs of liquids & you didn't pay the toll. You're a MESs. fMla (dol) Epa (eeoc) flSa (eeoc)
How determine wh/ EE shd be pd on hrly basis?
FLSA ----------- 2 steps: 1. Salary basis. Not less than $684/wk $35,568/yr 2. Job Duties Does EE qualify as an exec?