Things I Miss in Emplymt Flashcards
What are the elements of a retaliation claim? - New 2021
Title 7
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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.
When pay severance despite not being included in K?
If part of settlement of employment dispute.
Is there a cap of severance pd pursuant to dispute settlement?
Yes - 6 weeks.
What 3 things are not included in severance pay of a public EE?
SEVERANCE
- Accrued leave.
- Early retirement in pension plan.
- Subsidy for cost of group ins plan
What is another word for severance in an employment context?
“Extra compensation” b/c pd when EE not providing any service.
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.
Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?
YES. But for. (both discrim + retaliation)
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But for being Old, 1981 Disabled Retaliated.
———–
ADEA, 1981, ADA + retaliation
