Things I Miss in Emplymt Flashcards
What are the elements of a retaliation claim? - New 2021
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.Retaliation - What is the participation clause?
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.
Retaliation - What is the opposition clause?
Title ----------- Protected from reas opposing based on objectively reasonable GF belief. —————- “O” = Opposition & Objective good faith. Vs. Participate, can do if Partially care.
State the timeline for a Title 7 claimant.
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
Which apply to 15+ ERs?
EMP LIAB ----------- 15+ = 7 Disabled Girl Friends are too '++++' many. ----------- Title 7 ADA (emp) [pub serv = all] Gina FcRa
ADA protections in an employment setting applies to what sized employer?
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.
ADA protections in a public services setting applies to what sized employer?
ADA All public ERs. ----------- #s LEAD Aging for All of us. ----------- 1981, 1983, 1985 fLsa Epa ADa ADEA All public ERs.
Does a Plaintiff have to give LG an opportunity to cure discrimination?
Yes! For ADA-public services, give 60 days to cure + addtl 120 days if substantial progress.
Does a Plaintiff ever have to mitigate its damages?
Yes! Always!!
What seems like its own category but is included under national origin?
English language speaking only.
What does a Title 7 claim of unintentional discrim get PL?
No money.
S/L
None!
What is the critical thing to remember about ‘color of law’ & who can be sued.
Individuals must be acting under COL. In other words, no private persons!
How does FL ramp up Defamation in an ER-EE circumstance?
Previous ER called as a reference by prospective ER has qualified privilege to defame you if done in good faith.
If employmt K includes severance how many weeks can it have & what must be included in K?
—————
What is the rule for settling g a dispute?
SEVERANCE ----------- EMPLOYMENT K: 1. Severance may not exceed 20 weeks. 2. Prohibits if fired for misconduct. ————— ‘S’ix weeks for ‘S’ettlement.
