Review2 Flashcards
Disparate Treatment
Treated differently due to membership
Disparate Impact
General rule or regulation that is discriminatory against class.
Harassment
Quid Pro Quo
Bryson v. Chicago State
Schowalter v. Allison Reed Group
Recall Meritor Bank v. Vinson
Hostile Work Environment
Fischer v. San Pedro Hospital
Ellerth/Farragher defense
Ross v. Double Diamond
McLean v. Sattlelite Tech Services
Race Defined
Ancestry
Physical characteristics
Culture
Association
Raced linked illness
Perception
Disparate Impact cases
Griggs v. Duke Power (Bad faith)
UAW v. Johnson Controls (Good faith)
Wards Cove. Antonio
Disparate Treatment Cases
McDonnell Douglas v. Green
Law Exceptions
Express Contract - Always exception
Implied Contact - Mutual understanding over time-based on practices/performance/procedures
Implied Covenant - Difference without distinction between it and implied contract (Can not have one without other)
Pay differentials
Could be discriminatory but allowed if based on special circumstances: seniority or merit/performance
Forms of ADR (Alternative Dispute Resolutions)
- Not always possible, but an enforceable arbitration clause in the contract
- Arbitration is quicker than litigation; can be confidential; less expensive; no right to appeal.
BFOQ (Bona Fide Occupational Qualification)
-Race will never be part of it
Sexual preference
Not originally protected until the Supreme Court said it is a form of gender discrimination and protected it
Note:
-Not statutory protected class (could be overturned)
-Under FEHA, it has been a protected class for years
Special damages
Lost wages and benefits ( things we can quantify regarding employment law)
General damages
Available due to mental/emotional distress
Independent contractors
Are those who work outside of the field we are involved in, do not supervise, lump sum/not hourly; don’t set schedule.
Equal pay act
People doing the same job receive the same pay regardless of protected class.
Note:
-Primarily passed due to the practice of paying male employers for doing the same job as counterparts.
Exceptions to at-will apply to private employment
- Public employment is viewed as a property right, and can not be deprived without due process.
- Skelley v State Personnel Board: could not be disciplined in position without due process opportunity to have the neutral fact-finder to hear witnesses and examine the evidence.
Comparable worth
You do not look to equal pay but for people doing the exact same job (not the same background/skill set/ education
Note:
-Female dominant jobs are not paid as much as male counterparts
- Not enacted anywhere act
Not judge/jury/attorney required
Doctrine violation (Richards v C.H. 2 M Hill
- Courts decided if part of discriminatory conduct fell outside the statute period, could still be used as evidence of conduct if constituted a continuous pattern that continued into a statutory period.
DBA Dominoes cases
- Bradley v PizzaCo (Normally dress codes are left to the management of employer-not discriminatory act.
