Review2

Question 1

Disparate Treatment

Answer 1

Treated differently due to membership

Question 2

Disparate Impact

Answer 2

General rule or regulation that is discriminatory against class.

Question 3

Harassment

Answer 3

Quid Pro Quo
Bryson v. Chicago State
Schowalter v. Allison Reed Group
Recall Meritor Bank v. Vinson

Question 4

Hostile Work Environment

Answer 4

Fischer v. San Pedro Hospital
Ellerth/Farragher defense
Ross v. Double Diamond
McLean v. Sattlelite Tech Services

Question 5

Race Defined

Answer 5

Ancestry
Physical characteristics
Culture
Association
Raced linked illness
Perception

Question 6

Disparate Impact cases

Answer 6

Griggs v. Duke Power (Bad faith)
UAW v. Johnson Controls (Good faith)
Wards Cove. Antonio

Question 7

Disparate Treatment Cases

Answer 7

McDonnell Douglas v. Green

Question 8

Law Exceptions

Answer 8

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)

Question 9

Pay differentials

Answer 9

Could be discriminatory but allowed if based on special circumstances: seniority or merit/performance

Question 10

Forms of ADR (Alternative Dispute Resolutions)

Answer 10

• 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.

Question 11

BFOQ (Bona Fide Occupational Qualification)

Answer 11

-Race will never be part of it

Question 12

Sexual preference

Answer 12

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

Question 13

Special damages

Answer 13

Lost wages and benefits ( things we can quantify regarding employment law)

Question 14

General damages

Answer 14

Available due to mental/emotional distress

Question 15

Independent contractors

Answer 15

Are those who work outside of the field we are involved in, do not supervise, lump sum/not hourly; don’t set schedule.

Question 16

Equal pay act

Answer 16

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.

Question 17

Exceptions to at-will apply to private employment

Answer 17

• 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.

Question 17

Comparable worth

Answer 17

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

Question 18

Not judge/jury/attorney required

Answer 18

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.

Question 19

DBA Dominoes cases

Answer 19

• Bradley v PizzaCo (Normally dress codes are left to the management of employer-not discriminatory act.