Things I Miss in Emplymt

Question 1

What are the elements of a retaliation claim? - New 2021

Answer 1

Title 7
-----------
1.  	EE engage in protected activity.
2.  	Employer took adverse action 
        OR 
	an action material if it well might have dissuaded a reason worker from making or supporting a claim of discrim.

Question 2

Retaliation - What is the participation clause?

Answer 2

you can participate wh/ you’re really into it or not.
but to oppose, you’ve got to have “O”bjectively GF
———–
Participate unfettered regardless wh/ has good faith belief.

Question 3

Retaliation - What is the opposition clause?

Answer 3

Protected from reas opposing based on objectively reasonable GF belief

Question 4

State the timeline for a Title 7 claimant.

Answer 4

Title 7
-----------
300 + (can ask @ 180) + 90
300 days of adverse action
180 days can request rt to sue ltr
90 days to file in Fed Ct.

7, ADEA, ADA + Gina

Question 5

Which apply to 15+ ERs?

Answer 5

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

Question 6

ADA protections in an employment setting applies to what sized employer?

Answer 6

15+ for employment.    
---
7 Disabled Girl Friends at +++oo many
-----------
All for public services
---
#s LEAD Aging for All of us.
---
1981, 1983, 1985
fLsa
Epa
ADa [Title 2, pub serv.]  [Title 1, emp = 15+]
ADEA
All public ERs.

Question 7

ADA protections in a public services setting applies to what sized employer?

Answer 7

ADA    All public ERs.     
-----------
#s LEAD Aging for All of us.
-----------
1981, 1983, 1985
fLsa
Epa
ADa
ADEA
All public ERs.

Question 8

Does a Plaintiff have to give LG an opportunity to cure discrimination?

Answer 8

Yes! For ADA-public services, give 60 days to cure + addtl 120 days if substantial progress.

Question 9

Does a Plaintiff ever have to mitigate its damages?

Answer 9

Yes! Always!!

Question 10

What seems like its own category but is included under national origin?

Answer 10

English language speaking only.

Question 11

What does a Title 7 claim of unintentional discrim get PL?

Answer 11

No money.

Question 12

S/L

Answer 12

None!

Question 13

What is the critical thing to remember about ‘color of law’ & who can be sued.

Answer 13

Individuals must be acting under COL. In other words, no private persons!

Question 14

How does FL ramp up Defamation in an ER-EE circumstance?

Answer 14

Previous ER called as a reference by prospective ER has qualified privilege to defame you if done in good faith.

Question 15

If employmt K includes severance what must be included in K?

Answer 15

SEVERANCE

1. Severance may not exceed 20 weeks.
2. Prohibits if fired for misconduct.

Question 16

When pay severance despite not being included in K?

Answer 16

If part of settlement of employment dispute.

Question 17

Is there a cap of severance pd pursuant to dispute settlement?

Answer 17

Yes - 6 weeks.

Question 18

What is not included in severance pay of a public EE?

Answer 18

SEVERANCE

1. Accrued leave.
2. Early retirement in pension plan.
3. Subsidy for cost of group ins plan

Question 19

What is another word for severance?

Answer 19

“Extra compensation” b/c pd when EE not providing any service.

Question 20

Does a Plaintiff have to give LG an opportunity to cure discrimination?

Answer 20

Yes! For ADA-public services, give 60 days to cure + addtl 120 days if substantial progress.

Question 21

Does a Plaintiff ever have to mitigate its damages?

Answer 21

Yes! Always!!

Question 22

What seems like its own category but is included under national origin?

Answer 22

English language speaking only.

Question 23

What does a Title 7 claim of unintentional discrim get PL?

Answer 23

No money.

Question 24

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

Answer 24

YES. But for. (both discrim + retaliation)
———–
But for being Old, 1981 Disabled Retaliated.
———–
ADEA, 1981, ADA + retaliation

Question 25

How do defenses under FCRA (760) & FL’s Age Discrim. Act (112) differ from ADEA?

Answer 25

FCRA + FL Age Discrim. Act + ADEA
-----------
All 3 identical.  old BOSses DIe
-----------
BOFQ
Other
Seniority
Disparate Impact of neutral policy

Question 26

How initiate claim?

Answer 26

Can file w/ Court or EEOC.

Question 27

State the mechanics & deadlines prior to filing FLSA.

Answer 27

None. You can talk to DOL but doesn’t toll your time.

Question 28

No rt to sue ltr needed.

Answer 28

COMPARE/CONTRAST
-----------
EPA - b/c can sue w/o filing!
ADA - public services
ADEA - aft 60 days

Question 29

What employer is not an “Employer” for age discrimination?

Answer 29

LEO & FF.

Question 30

What’s the FF, LEO, correctional connection in Empl Discrim?

Answer 30

LEO & FF are not “employers” under age discrimin.
———-
Pursuant to LEO Rts Act, Correctional Rts Act + FF Rts Act:
LEO &Correctional - can get damages.
FF - equitable only (feel the burn).

Question 31

What does a Title 7 claim of unintentional discrim get PL?

Answer 31

No money.

Question 32

What is the unique imposition placed on LG in a religion claim?

Answer 32

MUST accommodate unless undue hardship.

Question 33

What 2 employers are not an “employer” under State age discrim?

Answer 33

LEO & FF!!!

Question 34

EMPLOYMENT
----------
State the following time measurements:
1.   Days - 1 
2.  Weeks - 4
3.  Years - 2
4.  No limit.

Answer 34

Military Leave of Absence = 240 days
-----------
Severance
--- If given per settlement, capped @ 20 weeks.
--- If in K, cap at 6 weeks.
-----------
FMLA
--- 12 weeks, non-mili
--- 26 weeks, military
-----------
USERRA 
-- hold job for 5 yrs, can't fire for 1 w/o cz
-- no S/L!

Question 35

State the 2 military timelines.

Answer 35

EMPLOYMENT
-----------
240 days - POPE can train.
---
5 yrs - hold job (USERRA)
1 yr - can't fire
---
26 wks - FMLA (12 for non-military)