Title 7 Flashcards
Applies to?
Title 7 ----------- ERs w/ 15+ EEs. ----------- 7 Disabled Girl FRiends are too '++++' many. ----------- Title 7 ADA (pub serv) [emp = 15+] Gina FcRa
Who administers?
EEOC
What is protected under Title 7?
Title 7 Retaliate PORN’S RoCk ----------- Retaliate & Preg Orig. Race Natl.’ Sex Religion Color ----------- FCRA = Retaliate PORN’S CHARM
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
What is the statute of limitations on a Title 7 claim?
300 + 90
Ledbetter, each payck = new.
vs. 1981 = 4 yrs.
Indiv Supervisor?
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)
When is Employer’s liability automatic?
Title 7
- If knew or should have known
- Super took tang emplymt action.= Employer automatically liable.
What defense is available to a Title 7 LG?
Faragher
ER used reas care to prevent by having open door policy. EE did not speak up.
When is no defense available to a Title 7 LG?
If tangible employment action against EE were taken by Super.
What are 2 types of Disparate Impact?
Pattern or Practice.
Unintentional
What 4 things are established in Prima Facie Case - Disparate Treatment?
Title 7 MAQS in All Material Respects
- Member of protected class
- Adverse employment action -
a) serious & material change
b) reason person - Qualified
- Similarly situated to comparator in all material respects. Same:
a) Standards
b) Supervisor
c) Stupid conduct
What 4 things are established in Prima Facie Case - Harassment?
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.
Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?
Title 7 ----------- No UNLESS claiming retaliation. Discrim = Motivating factor. Retaliation = But for
But for = ADEA, ADA + 1981
Who has burden of proof?
[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.
State 5 defenses vs. claim of intentional discrimination?
What is EEOC looking for from ER?
Title 7
- Engaged ldrship
- Policies dissemin.
- Demonstrated accountability.
- Complaint procedures in place.
- Training
State 1 defense vs. unintentional discrimination?
Title 7 ----------- BFOQ - BUT, not as to race. ----------- Also avail in ADEA.
State 5 damages.
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
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?
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.
Retaliation - What is the requirement to assert a Opposition claim?
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
How prove “Similarly Situated in all Material Respects”?
Prima Facie: MAQS in all Mat Resp.
1) Member
2) Adverse
3) Qualified
4) Similarly situated
Title 7 ----------- Similarly situated to comparator in all material respects. Same: a) Standards b) Supervisor c) Stupid conduct
What other theories of recovery offer Title 7’s damages?
Title 7
- JEFF + Lost Benes
- Title 7 + FCRA
What are the 2 last names, re: Title 7, that cannot get mixed up?
Ledbetter - S/L starts every paycheck.
Faragher - open door policy defense
