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ZZZ0 A-RAMA 0 > Title 7 > Flashcards

Title 7 Flashcards

1
Q

Applies to?

A 
Title 7
-----------
ERs w/ 15+ EEs.
-----------
7 Disabled Girl FRiends are too '++++' many.
-----------  
Title 7
ADA (pub serv) [emp = 15+]
Gina
FcRa
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2
Q

Who administers?

A

EEOC

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3
Q

What is protected under Title 7?

A 
Title 7     Retaliate PORN’S RoCk
-----------
Retaliate &
Preg 
Orig.
Race
Natl.’
Sex
Religion
Color
-----------
FCRA = Retaliate PORN’S CHARM
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4
Q

State the timeline for a Title 7 claimant.

A 
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

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5
Q

What is the statute of limitations on a Title 7 claim?

A

300 + 90
Ledbetter, each payck = new.

vs. 1981 = 4 yrs.

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6
Q

Indiv Supervisor?

A 
Title 7      
-----------
No.
-----------
It's unSEEMly to sue 1 indiv for 3 non-official colors.

flSa, Epa, Erisa, fMla (no public official)
1981 + 1983 (if under color of law)

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7
Q

When is Employer’s liability automatic?

A

Title 7

  1. If knew or should have known
  2. Super took tang emplymt action.= Employer automatically liable.
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8
Q

What defense is available to a Title 7 LG?

A

Faragher
ER used reas care to prevent by having open door policy. EE did not speak up.

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9
Q

When is no defense available to a Title 7 LG?

A

If tangible employment action against EE were taken by Super.

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10
Q

What are 2 types of Disparate Impact?

A

Pattern or Practice.
Unintentional

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11
Q

What 4 things are established in Prima Facie Case - Disparate Treatment?

A

Title 7 MAQS in All Material Respects

  1. Member of protected class
  2. Adverse employment action -
    a) serious & material change
    b) reason person
  3. Qualified
  4. Similarly situated to comparator in all material respects. Same:
    a) Standards
    b) Supervisor
    c) Stupid conduct
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12
Q

What 4 things are established in Prima Facie Case - Harassment?

A 
Title 7
-----------
Harassers are SPURS
1.  Severe + Pervasive.
2.  Unwelcome.
3.  Responsibility of ER.  [Auto liab for supervisor, contingent on knew or shd have known for others.
4.  based on Suspect class.
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13
Q

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

A 
Title 7
-----------
No UNLESS claiming retaliation.
Discrim = Motivating factor.
Retaliation = But for

But for = ADEA, ADA + 1981

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14
Q

Who has burden of proof?

A

[Triple P cd sue Title 7]
‘P’rima facie, Legit, ‘P’repond, ‘P’retext
———–
1. EE prove prima facie by preponderance of evid.
2. Shifts to ER to articulate a legit nondiscrim motive for its conduct.
3. Shifts to EE to prove by preponderance of evid (more likely than not) motive is a pretext.
——-
B of persuasion never shifts.
———–
Also preponderance = State proof to DOAH that CP amendment is inconsistent.

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15
Q

State 5 defenses vs. claim of intentional discrimination?
What is EEOC looking for from ER?

A

Title 7

  1. Engaged ldrship
  2. Policies dissemin.
  3. Demonstrated accountability.
  4. Complaint procedures in place.
  5. Training
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16
Q

State 1 defense vs. unintentional discrimination?

A 
Title 7
-----------
BFOQ - BUT, not as to race.
-----------
Also avail in ADEA.
17
Q

State 5 damages.

A 
Title 7
-----------
JEFF's Lost Benes.
1.  Jury trial.
2.  Equitable relief.
3.  Front pay (if can't reinstate)/ back pay
4.  Fees + costs.
5.  Lost benes.
-----------
Same in Title 7 & FCRA
18
Q

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

A 
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.
19
Q

Retaliation - What is the participation clause?

A

Participate unfettered regardless wh/ has good faith belief.

~how remember?

    • you can PARTIC in a dance w/o your heart in it.
    • to OPPOSE - must be invested.
20
Q

Retaliation - What is the requirement to assert a Opposition claim?

A 
Title 7
-----------
"O"pposition = "O"bjectively reasonable
you can participate wh/ you're into it or not, but to oppose you've got to believe it
-----------
Objectively reasonable GF belief
21
Q

How prove “Similarly Situated in all Material Respects”?

Prima Facie: MAQS in all Mat Resp.

1) Member
2) Adverse
3) Qualified
4) Similarly situated

A 
Title 7
-----------
Similarly situated to comparator in all material respects.  Same:  
a)  Standards
b)  Supervisor
c)  Stupid conduct
22
Q

What other theories of recovery offer Title 7’s damages?

A

Title 7

  • JEFF + Lost Benes
  • Title 7 + FCRA
23
Q

What are the 2 last names, re: Title 7, that cannot get mixed up?

A

Ledbetter - S/L starts every paycheck.
Faragher - open door policy defense

ZZZ0 A-RAMA 0 (216 decks)

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