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ZZZ0 A-RAMA 0 > Phrases, Emplymt > Flashcards

Phrases, Emplymt Flashcards

1
Q

What is protected under Title 7?

A 
Title 7     Retaliate + 7 ltrs, PORN’S RoCk
-----------
Retaliate &
Preg 
Orig.
Race
Natl.’
Sex
Religion
Color
-----------
F'C'RA = Retaliate PORN’S 'C'HARM
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2
Q

Defenses

A 
ADEA
-----------
old BOSses DIe
-----------
BOFQ
Other than age
Seniority system
Disparate Impact from app of bona fide EE benes.
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3
Q

Protections afforded.

A 
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.
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4
Q

What’s UNIQUE about 1983?

A

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).

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5
Q

What is protected?

A 
42 USC 1985     
-----------
The five conspive vs. race & sex only.
-----------
Conspiracy, race, sex.
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6
Q

Prima Facie Case.

A 
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.
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7
Q

What 4 things must ER have to prove to defend?

A 
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]

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8
Q

Which apply to 15+ ERs?

A 
15+   
-----------
7 Disabled Girl Friends are too '++++' many.
-----------  
Title 7
ADA (emp)  [pub serv = all]
Gina
FcRa
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9
Q

Which apply to ALL LG ERs?

A 
All #s LEAD Aging for All of us.
-----------
1981, 1983, 1985
fLsa
Epa
ADa  (pub serv)  [emp = 15+]
ADEA
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10
Q

Liquidated DOUBLE dmgs available.

A 
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)
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11
Q

Sue indiv?

A

unSEEMly to sue 1 indiv for 3 colors, when there are 5.
———–
flSa, Epa, Erisa, fMla (no public official)
1981 + 1983 (under color) + 1985

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12
Q

No rt to sue ltr needed if wait.

A 
Old guy (40-60 yrs old) should not wait too long.
----------

ADEA. Can sue 60 days after filing claim w/ EEOC.

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13
Q

Which theory of discim gets you punis vs. individ?

A

Punis are old timey so intentional race (think post-slavery).

1981 (intentional race) gets you punis vs. individual official.

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14
Q

Which ones have no toll for filing w/ agency?

A

2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol)
Epa (eeoc)
flSa (eeoc)

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15
Q

State the 4 elements of Title 7 harassment claim.

A 
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.
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16
Q

What is: you’re a MESs.

A

2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol)
Epa (eeoc)
flSa (eeoc)

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17
Q

Punis are old timey.

A

Punis are old timey so intentional race (think post-slavery).

1981 (intentional race) gets you punis vs. individual official.

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18
Q

PORN’S CHARM.

A 
F'C'RA protections.    
-----------
*Preg  (*viewed as sex discrim)
Orig.
Race
Natl
Sex 
Color
Handicap
Age
Relig.
Marital Status
*Natl O letters spread out.
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19
Q

A.M. ALE

A 
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)
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20
Q

What is SMAQ?

A 
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.
21
Q

The five conspive vs. race & sex only.

A

1985 addresses conspiracy to discriminate on race & sex only,

22
Q

1983 Officially sets you free!

A

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).

23
Q

old BOSses DIe

A

BOFQ
Other than age
Seniority system
Disparate Impact from app of bona fide EE benes.

24
Q

PORN’S RoCk (notice it is 7 letters long).

A 
Title 7 protections.
-----------
Retaliate &
Preg 
Orig.
Race
Natl.’
Sex
Religion
Color
-----------
F'C'RA = Retaliate PORN’S 'C'HARM
25
Q

shout ‘EPA” when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally.

A 
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.
26
Q

s LEAD Aging for All of us.

A 
Which theories apply to ALL public ERs.
-----------
1981, 1983, 1985
fLsa
Epa
ADa (pub emp)  [emp = 15+]
ADEA
27
Q

Old guy (40-60 yrs old) should not wait too long.

A

Under ADEA, the claimant can file suit 60 days after filing w/ EEOC regardless of whether he’s received a rt to sue ltr.

28
Q

Harassers are SPURS.

A

State the 4 elements of Harassment under Title 7.

  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.
29
Q

Which theories apply to ERs with 15+ EEs.

A 
7 Disabled Girl FRiends are too+++ many.
-----------
Title 7
ADA  (emp = 15+) [pub serv = all]
Gina
FcRa
30
Q

Double liquids gets you AA

A

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]

31
Q

2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.

A 
Theories that have liquidated for 2 yrs (unintentional) + 3 yrs (willful).
-----------
fMla     (dol)
Epa      (eeoc)
flSa      (eeoc)
32
Q

JEFF’s lost benes.

A 
The base amount for all claims.
Jury.
Equitable.
Front/back pay.
Fees + costs.
Lost benes.
33
Q

Liquid + Accom + JEFF’s Lost Benes.

A

ADA.

34
Q

Punis (vs. individuals) + JEFF’s Lost Benes available.

A

1981 + 1983.

35
Q

2 yrs / 3 yrs

Liquid + interest + JEFF’s Lost Benes.

A 
2-3 yrs of liquids & you didn't pay the toll.  You're a MESs.
-----------
fMla     (dol)
Epa      (eeoc)
flSa      (eeoc)
36
Q

7 Disabled Girl FRiends are too +++ many.

A 
Those theories that apply to ERs with 15+ EEs.
-----------
Title 7
ADA (employ) [pub serv = all]
Gina
FcRa
37
Q

The Answer is :
unSEEMly to sue 1 indiv for 3 colors, when there are 5.

What’s the question?-

A

Which theories allow you to sue individuals.
———–
flSa, Epa, Erisa, fMla (no public official)
1981 + 1983 (under color) + 1985

38
Q

big Momma has a motherly Interest for her Official.

A 
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
39
Q

JEFF’s Benes only.

A

Title 7.

40
Q

State the2 elements of Abuse of Process.

A 
Abuse of Process
-----------
Abuse the Law Intentionally & Unlawfully
-----------
(1)   Willful or intentional misuse of process
(2)  Wrongful and unlawful purpose.
41
Q

State the 4 elements.

A 
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
42
Q

Who decides whether Def’s conduct was indecent, atrocious & intolerable?

A

Judge! Not the jury.

43
Q

What are the 5 elements of qualified privilege?

A 
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.
44
Q

What 3 things show you’re “Qualified” under ADA?

A 
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.
45
Q

Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?

A 
42 USC 1981
-----------
But for being old, 1981 Disabled Retaliated.
-----------
Yes.  But for.
-----------
But for = 1981 + ADEA, ADA + retaliation
46
Q

State 3 defenses to a 1981 claim.

A 
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.
47
Q

What does USERRA protect?

A

  1. Hold job for 5 yrs. Must give a subst. similar job.
  2. ## Can’t fire for 1 yr, unless for cause.How remember?
    USERRA = 6 ltrs. Gives 6 yrs of protection.
48
Q 
Assorted Fed
----------
What happens to ER if fires EE for jury duty
vs.
Fire for garnishment?
A 
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).

ZZZ0 A-RAMA 0 (216 decks)

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