Phrases, Emplymt Flashcards
What is protected under Title 7?
Retaliate &
Preg
Orig.
Race
Natl.’
Sex
Religion
Color
———–
F’C’RA = Retaliate PORN’S ‘C’HARM
Defenses
old BOSses DIe
———–
BOFQ
Other than age
Seniority system
Disparate Impact from app of bona fide EE benes.
Protections afforded.
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?
The five conspive vs. race & sex only.
———–
Conspiracy, race, sex.
Prima Facie Case.
[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?
[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?
7 Disabled Girl Friends are too ‘++++’ many.
———–
Title 7
ADA (emp) [pub serv = all]
Gina
FcRa
Which apply to ALL LG ERs?
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.
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.
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.
Preg (viewed as sex discrim)
Orig.
Race
Natl
Sex
Color
Handicap
Age
Relig.
Marital Status
*Natl O letters spread out.
A.M. ALE
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?
[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!
(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).
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.
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.
- 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.
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.
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.
fMla (dol)
Epa (eeoc)
flSa (eeoc)
7 Disabled Girl FRiends are too +++ many.
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.
[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 the Law Intentionally & Unlawfully
———–
(1) Willful or intentional misuse of process
(2) Wrongful and unlawful purpose.
State the 4 elements.
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?
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?
- w/ a disab. who,
- w/ or w/o reason. accomm
- ## 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?
But for being old, 1981 Disabled Retaliated.
———–
Yes. But for.
———–
But for = 1981 + ADEA, ADA + retaliation
State 3 defenses to a 1981 claim.
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.
What happens to ER if fires EE for jury duty
vs.
Fire for garnishment?
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).
