Tips for Choosing Between Claims Flashcards
If the employer’s action impacts more than one person and there is a natural employment action at issue, look to a ____ claim.
Impact
If the employer’s action impacts more than one person and there is NOT a natural employment action at issue, look to a ____ claim.
Systemic disparate impact claim
If the employer’s action DOES NOT impact more than one person, look to a ____ claim.
Individual disparate impact claim
If the employee complained in any way about the employer’s action, look for a ____ claim.
Retaliation
Harassment claims are usually obvious. However, make sure to see if the harassment is because of a . . .
Protected Class
Protected class does not include which two things?
Sexual orientation or political affiliation.