Phrases, Emplymt Flashcards
What is protected under Title 7?
Title 7 Retaliate + 7 ltrs, PORN’S RoCk ----------- Retaliate & Preg Orig. Race Natl.’ Sex Religion Color ----------- F'C'RA = Retaliate PORN’S 'C'HARM
Defenses
ADEA ----------- old BOSses DIe ----------- BOFQ Other than age Seniority system Disparate Impact from app of bona fide EE benes.
Protections afforded.
F'C'RA PORN’S 'C'HARM ----------- *Preg (*viewed as sex discrim) Orig. Race Natl Sex Color Handicap Age Relig. Marital Status *Natl O letters spread out.
What’s UNIQUE about 1983?
1983 Officially sets you free!
———–
(a) It’s the door opener for all const. claims.
(b) Allow suit against officials only - ‘color of law’ (no private indivs).
What is protected?
42 USC 1985 ----------- The five conspive vs. race & sex only. ----------- Conspiracy, race, sex.
Prima Facie Case.
EPA ssss – snakes ----------- [shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally.] ----------- WEC Pays Less. Male & female doing 1. Substly equal wrk; 2. Substly equal skill, effort, and responsibility; 3. Similar working conditions; 4. Sex pd less.
What 4 things must ER have to prove to defend?
EPA SMAQ ----------- [shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally.] ----------- 1. Seniority System; 2. Merit System; 3. Another non-sex reason; 4. Quality or quantity of production.
–
[don’t get confused w/ ADEA defenses BOSsDIE]
Which apply to 15+ ERs?
15+ ----------- 7 Disabled Girl Friends are too '++++' many. ----------- Title 7 ADA (emp) [pub serv = all] Gina FcRa
Which apply to ALL LG ERs?
All #s LEAD Aging for All of us. ----------- 1981, 1983, 1985 fLsa Epa ADa (pub serv) [emp = 15+] ADEA
Liquidated DOUBLE dmgs available.
A.M. ALE - drinking in the a.m.? that's a lot of liquid Adea fMla (3 yrs) Ada fLsa (3 yrs) Epa (3 yrs)
Sue indiv?
unSEEMly to sue 1 indiv for 3 colors, when there are 5.
———–
flSa, Epa, Erisa, fMla (no public official)
1981 + 1983 (under color) + 1985
No rt to sue ltr needed if wait.
Old guy (40-60 yrs old) should not wait too long. ----------
ADEA. Can sue 60 days after filing claim w/ EEOC.
Which theory of discim gets you punis vs. individ?
Punis are old timey so intentional race (think post-slavery).
1981 (intentional race) gets you punis vs. individual official.
Which ones have no toll for filing w/ agency?
2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol)
Epa (eeoc)
flSa (eeoc)
State the 4 elements of Title 7 harassment claim.
Title 7 ----------- Harassers are SPURS 1. Severe + Pervasive. 2. Unwelcome. 3. Responsibility of ER. [Auto liab for supervisor, contingent on knew or shd have known for others. 4. based on Suspect class.
What is: you’re a MESs.
2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol)
Epa (eeoc)
flSa (eeoc)
Punis are old timey.
Punis are old timey so intentional race (think post-slavery).
1981 (intentional race) gets you punis vs. individual official.
PORN’S CHARM.
F'C'RA protections. ----------- *Preg (*viewed as sex discrim) Orig. Race Natl Sex Color Handicap Age Relig. Marital Status *Natl O letters spread out.
A.M. ALE
Theories under which a PL can recover liquidated damages. ----------- A.M. ALE - drinking in the a.m.? that's a lot of liquid Adea fMla (3 yrs) Ada fLsa (3 yrs) Epa (3 yrs)
What is SMAQ?
The defenses available to a Def in EPA claim. ----------- [shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally.] ----------- 1. Seniority System; 2. Merit System; 3. Another non-sex reason; 4. Quality or quantity of production.
The five conspive vs. race & sex only.
1985 addresses conspiracy to discriminate on race & sex only,
1983 Officially sets you free!
42 USC 1983
(a) It’s the door opener for all const. claims.
(b) Allow suit against officials only - ‘color of law’ (no private indivs).
old BOSses DIe
BOFQ
Other than age
Seniority system
Disparate Impact from app of bona fide EE benes.
PORN’S RoCk (notice it is 7 letters long).
Title 7 protections. ----------- Retaliate & Preg Orig. Race Natl.’ Sex Religion Color ----------- F'C'RA = Retaliate PORN’S 'C'HARM
shout ‘EPA” when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally.
Elements of a claim under EPA. > WEC Pays Less < ----------- Male & female doing 1. Substly equal wrk; 2. Substly equal skill, effort, and responsibility; 3. Similar working conditions; 4. Sex pd less.
s LEAD Aging for All of us.
Which theories apply to ALL public ERs. ----------- 1981, 1983, 1985 fLsa Epa ADa (pub emp) [emp = 15+] ADEA
Old guy (40-60 yrs old) should not wait too long.
Under ADEA, the claimant can file suit 60 days after filing w/ EEOC regardless of whether he’s received a rt to sue ltr.
Harassers are SPURS.
State the 4 elements of Harassment under Title 7.
- Severe + Pervasive.
- Unwelcome.
- Responsibility of ER. [auto liab for supervisor, contingent on knew or shd have known for others.
- based on Suspect class.
Which theories apply to ERs with 15+ EEs.
7 Disabled Girl FRiends are too+++ many. ----------- Title 7 ADA (emp = 15+) [pub serv = all] Gina FcRa
Double liquids gets you AA
2 theories that give liquidated, but not on 2/3 scheme]
ADA [300 + 90, ltr if can’t complete in 180 days]
ADEA [300 + 90, sue aft 60 w/o ltr]
2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
Theories that have liquidated for 2 yrs (unintentional) + 3 yrs (willful). ----------- fMla (dol) Epa (eeoc) flSa (eeoc)
JEFF’s lost benes.
The base amount for all claims. Jury. Equitable. Front/back pay. Fees + costs. Lost benes.
Liquid + Accom + JEFF’s Lost Benes.
ADA.
Punis (vs. individuals) + JEFF’s Lost Benes available.
1981 + 1983.
2 yrs / 3 yrs
Liquid + interest + JEFF’s Lost Benes.
2-3 yrs of liquids & you didn't pay the toll. You're a MESs. ----------- fMla (dol) Epa (eeoc) flSa (eeoc)
7 Disabled Girl FRiends are too +++ many.
Those theories that apply to ERs with 15+ EEs. ----------- Title 7 ADA (employ) [pub serv = all] Gina FcRa
The Answer is :
unSEEMly to sue 1 indiv for 3 colors, when there are 5.
What’s the question?-
Which theories allow you to sue individuals.
———–
flSa, Epa, Erisa, fMla (no public official)
1981 + 1983 (under color) + 1985
big Momma has a motherly Interest for her Official.
FMLA ----------- [Momma has a motherly Interest for her Official.] a) Gets all recovery, JEFF, LB, Punis + Interest b) Interest recovered. c) Officials are exempt from liability. ----------- 50+ applies only to private
JEFF’s Benes only.
Title 7.
State the2 elements of Abuse of Process.
Abuse of Process ----------- Abuse the Law Intentionally & Unlawfully ----------- (1) Willful or intentional misuse of process (2) Wrongful and unlawful purpose.
State the 4 elements.
Malicious Prosecution ----------- I Won on the Merits, now I'm MAD. ----------- (1) Win in court on the merits. (2) Malice (3) Absence of probable cz. (4) Damages
Who decides whether Def’s conduct was indecent, atrocious & intolerable?
Judge! Not the jury.
What are the 5 elements of qualified privilege?
Defamation ----------- Defamer, listener & medium all qualified. (1) Good faith; (2) A duty to speak; (3) A duty to listen/read. (4) Proper occasion; and (5) Publication in a proper manner.
What 3 things show you’re “Qualified” under ADA?
ADA DAFfy is qualified. ----------- 1. w/ a disab. who, 2. w/ or w/o reason. accomm 3. can perform the essential functions of the job. ----------- Elements: 1) Qualified. 2) Impaired. 3) Requested reas accom.
Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?
42 USC 1981 ----------- But for being old, 1981 Disabled Retaliated. ----------- Yes. But for. ----------- But for = 1981 + ADEA, ADA + retaliation
State 3 defenses to a 1981 claim.
42 USC 1981 ----------- Absolutely can't Qualify in 81 b/c you need 83. ----------- Absolute Immunity & Qualified Immunity & Needs 1983. ----------- An alt. to Title 7.
What does USERRA protect?
- Hold job for 5 yrs. Must give a subst. similar job.
- ## Can’t fire for 1 yr, unless for cause.How remember?
USERRA = 6 ltrs. Gives 6 yrs of protection.
Assorted Fed ---------- What happens to ER if fires EE for jury duty vs. Fire for garnishment?
Assorted Fed ---------- COMM SERV + $5k + wages/benes ----------- Don't get confused w/ firing for garnishment. JAIL 1 yr + $1k ----------- How remember? You can pretty much get out of jury duty (light) but you can never get out of a garnishment (heavy).
