Things I Miss in Emplymt Flashcards
What are the elements of a retaliation claim? - New 2021
- EE engage in protected activity.
- 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?
Protected from reas opposing based on objectively reasonable GF belief
State the timeline for a Title 7 claimant.
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?
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?
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?
#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 what must be included in K?
- Severance may not exceed 20 weeks.
- Prohibits if fired for misconduct.
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 is not included in severance pay of a public EE?
- Accrued leave.
- Early retirement in pension plan.
- Subsidy for cost of group ins plan
What is another word for severance?
“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)
———–
But for being Old, 1981 Disabled Retaliated.
———–
ADEA, 1981, ADA + retaliation
