Title 7

Question 1

Applies to?

Answer 1

ERs w/ 15+ EEs.
———–
7 Disabled Girl FRiends are too ‘++++’ many.
———–
Title 7
ADA (pub serv) [emp = 15+]
Gina
FcRa

Question 2

Who administers?

Answer 2

EEOC

Question 3

What is protected under Title 7?

Answer 3

Retaliate &
Preg
Orig.
Race
Natl.’
Sex
Religion
Color
———–
FCRA = Retaliate PORN’S CHARM

Question 4

State the timeline for a Title 7 claimant.

Answer 4

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

Question 5

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

Answer 5

300 + 90
Ledbetter, each payck = new.

vs. 1981 = 4 yrs.

Question 6

Indiv Supervisor?

Answer 6

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)

Question 7

When is Employer’s liability automatic?

Answer 7

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

Question 8

What defense is available to a Title 7 LG?

Answer 8

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

Question 9

When is no defense available to a Title 7 LG?

Answer 9

If tangible employment action against EE were taken by Super.

Question 10

What are 2 types of Disparate Impact?

Answer 10

Pattern or Practice.
Unintentional

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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.

Question 13

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

Answer 13

No UNLESS claiming retaliation.
Discrim = Motivating factor.
Retaliation = But for

But for = ADEA, ADA + 1981

Question 14

Who has burden of proof?

Answer 14

[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.

Question 15

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

Answer 15

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

Question 16

State 1 defense vs. unintentional discrimination?

Answer 16

BFOQ - BUT, not as to race.
———–
Also avail in ADEA.

Question 17

State 5 damages.

Answer 17

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

Question 18

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

Answer 18

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.

Question 19

Retaliation - What is the participation clause?

Answer 19

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.

Question 20

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

Answer 20

“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

Question 21

How prove “Similarly Situated in all Material Respects”?

Prima Facie: MAQS in all Mat Resp.
1) Member
2) Adverse
3) Qualified
4) Similarly situated

Answer 21

Similarly situated to comparator in all material respects. Same:
a) Standards
b) Supervisor
c) Stupid conduct

Question 22

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

Answer 22

• JEFF + Lost Benes
• Title 7 + FCRA

Question 23

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

Answer 23

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