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Paralegal > Week 8 - Test # 14 Monday (Jan. 4th) > Flashcards

Week 8 - Test # 14 Monday (Jan. 4th) Flashcards

1
Q

What does Title IV of ADA cover?

A

Telecommunications

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2
Q

What does Title V of ADA cover?

A

Misc. Provisions, including Retaliation

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3
Q

Name 3 protected classes in terms of employment discrimination.

A 
race
color
sex
religion
nation of origin
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4
Q

Does an employee have a right to see their personnel files?

A

No

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5
Q

EEOC stands for

A

Equal
Employment
Opportunity
Commission

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6
Q

A person has ___ days to file a claim with the EEOC after the adverse employment action.

A

300

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7
Q

After EEOC investigates, it issues a

A

Right to Sue Letter

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8
Q

After a Right to Sue Letter, you have ___ days to file suit in court.

A

90 days

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9
Q

Which President pushed through passage of the Civil Rights Act?

A

Lyndon Johnson

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10
Q

In the mock trial, on what date does the plaintiff believe the tort took place?

A

September 21, 2013

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11
Q

In the mock trial, what is the main health issue of the defendant’s mother?

A

she had a stroke

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12
Q

In the mock trial, what was scratched into the car?

A

U R A JERK

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13
Q

What are the names of the defendant’s sons?

A

Sean and Colin

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14
Q

Give the names of the 2 paralegals who had been regularly assigned to the plaintiff.

A

Samantha Star

Lucy Bishop

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15
Q

The main federal law that deals with employment discrimination is (full name).

A

Title VII of the Civil Rights Act of 1964

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16
Q

The Texas law that is analogous to Title VII of the Civil Rights Act is called ___.

A

Texas Commission on Human Rights Act,
Texas Labor Code,
Chapter 21

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17
Q

ADA stands for ___ and ADEA stands for ____.

A

Americans with Disabilities

Age Discrimination on Employment Act

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18
Q

You must be at least ___ years of age to be covered by ADEA.

A

40

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19
Q

What are the procedural requirements for a Title II and Title III violations?

A

File with DOJ (department of justice)

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20
Q

To be covered by FMLA, an employee must have worked ___ (length of time) for the employer and there must be ___ or more employees.

A

12 months

50

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21
Q

What is the name of the law that covers people serving on a jury?

A

Texas
Juror
Reemployment
Act

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22
Q

What is the two word phrase that defines promissory estoppel?

A

Detrimental Reliance

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23
Q

Explain promissory estoppel as it relates to employment law.

A

When an employee depends on the employer to the employees detriment.
(sold house,
bought new house,
moved to new city ex. for job)

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24
Q

How many breaks are required by law in an 8-hour workday?

A

zero

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25
Q

_____ has a legal definition.

A

disability, not a medical definition

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26
Q

How often does the law require that an employee be allowed to inspect his/her personnel file?

A

never

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27
Q

May an employer lawfully ask an applicant how she will get to work?

A

yes

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28
Q

May an employer lawfully ask if an applicant has ever been arrested?

A

no

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29
Q

In court in an employment discrimination case, the plaintiff must first make a ____ - case.

A

prima facie

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30
Q

SLNDR stands for

A

single legitimate non-discriminatory reason

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31
Q

Does the law require an employer to provide you paid sick and vacation time?

A

No

32
Q

The doctrine that an employee may be fired for any reason or no reason at all, as long as no employment discrimination statute is violated, is called ___.

A

Employment at Will

33
Q

Under which branch of government are most administrative agencies, such as EEOC?

A

Executive

34
Q

The definition of disability under the ADA is ___.

A

a physical or mental impairment that substantially limits one or more major life activities (i.e. bowel, bladder, brain)

35
Q

What are the sections of the ADA called ___.

A

Titles

36
Q

How many sections does the ADA have?

A

5 Titles

37
Q

Which Title covers employment?

A

Title I

38
Q

Which Title covers places of public accommodations?

A

Title III

39
Q

What does Title II of ADA cover?

A

State and Local Government

40
Q

CBA stands for

A

Collective
Bargaining
Agreement

41
Q

FMLA stands for

A

Family and
Medical
Leave
Act

42
Q

What is the name of the first law of Obama’s presidency did he sign?

A

The Lilly Ledbetter Fair Pay Act

43
Q

What is the Right to Sue Letter?

A

letter says that you have “exhausted administrative remedies,” which is a requirement prior to filing a civil suit against the employers.

44
Q

What does SLNDR stand for?

A

Single Legitimate Non-Discriminatory Reason (a burden of proof - defendant)

45
Q

What are the 2 ADA defenses?

A
  1. Undue Burden

2. Direct Threat

46
Q

What are the procedural requirements for a Title IV violation?

A

file with FCC (Federal Communications Commission)

47
Q

Can you be fired for being gay?

A

Yes

48
Q

What commission enforces the TCHRA?

A

TWC Civil Rights Division

49
Q

It’s called ____ if you say you are firing someone because they testified against your employer, and it’s against the law.

A

retaliation

50
Q

Why is ADA different from all other employment discrimination laws in terms of an employer?

A

They must make accommodations in the workplace.

51
Q

FMLA covers these and should receive 12-weeks of unpaid leave each year:

A
  • birth of a child
  • adoption of a child
  • care for an immediate family member with a serious health condition
  • because of a serious health condition
52
Q

What did enacting The Lilly Ledbetter Fair Pay Act do?

A

It overturned Ledbetter v. Goodyear

53
Q

A person may not discriminate against an employee just because she filed a workers’ comp claim is covered under ___

A

Workers’ Compensation Retaliation

54
Q

Another explanation of promissory estoppel as it relates to employment law.

A

When an employee makes a promise to you and you rely on that promise to your detriment.

(offered a new job in new city - so you sold your house,
bought a new house,
moved to new city ex. for job - employer now says sorry, I found someone that can do the job better - promissory estoppel stops an employer from doing that)

55
Q

Does the law require an employer to provide rest and meal breaks?

A

No

56
Q

___ means that you do not have to belong to a union to get employment in Texas.

A

Right to Work

57
Q

Name 5 major life activities under the ADA.

A 
S - seeing
H - hearing
E - eating
L - learning
S - speaking
58
Q

If the EEOC accepts the complaint, it becomes a ____.

A

charge

59
Q

What are the steps in filing an EEOC?

A

1) 300 days to file with EEOC (per SOL)
2) EEOC accepts the case - it becomes a charge
3) EEOC will attempt conciliation to settle the case
4) EEOC will either prosecute the case or issue a Right to Sue Letter

60
Q

What caused the Fair Housing Act to get passed and what year?

A

death of MLK in 1968

not because of his death, but it moved it forward

61
Q

There are sections in the ADA, which in Federal law are called ______

A

titles

62
Q

What is the medical definition of disability?

A

There is none.

63
Q

How much paid sick leave is an employee required by law to get each year?

A

zero

64
Q

What are the 3 prongs of disability?

A

An individual who is/has -

  1. a physical or mental impairment that substantially limits one or more major life activities OR
  2. a record of a disability OR
  3. is regarded as having a disability.
65
Q

Can you think of some physical or mental impairments?

A
  • post traumatic disorder

- epilepsy

66
Q

The requirement that you file a complaint with the EEOC before you file a lawsuit is called ___.

A

exhausting all administrative remedies

67
Q

In order to be covered by Title I, what are the additional requirements?

A

in addition to meeting the definition of disability, the employee or applicant must also be otherwise qualified to perform the essential functions of the job, with or without a reasonable accommodation.

68
Q

What are the two phrases that need most discussion in regards to “Otherwise Qualified”?

A
  1. “essential functions”

2. “reasonable accommodations”

69
Q

What is the Nondiscrimination Requirements?

A

You can’t exclude people with disabilities

And you have to offer things with Integrated settings

70
Q

A private cab service contracts with a public transportation company and the private cab service has a policy and therefore refuses service to an individual who is blind and uses a service animal?

A

They are a private company who has a contract with the city, which means they are covered under Title II and are required to allow the service dog.

71
Q

Title III covers what?

A
  • hotels
  • law firm offices
  • restaurants
  • beach
  • movie theaters
72
Q

What is the definition of a service animal?

A

a dog who does work or performs tasks

73
Q

What are the procedural requirements for a Title I violation?

A

File with EEOC or TCHRA

74
Q

What does Title VII of the Civil Rights Act of 1964 prohibit?

A

prohibits discrimination on the basis of these protected classes:

  • race
  • color
  • religion
  • sex
  • national origin
75
Q

How many employees must you have to be covered by Title VII of The Civil Rights Act of 1964?

A

15 or more employees are covered under EEOC and TWC;

if less than 15, you can fire anybody for any reason; otherwise you a

Paralegal (28 decks)

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