Week 8 - Test # 14 Monday (Jan. 4th) Flashcards
What does Title IV of ADA cover?
Telecommunications
What does Title V of ADA cover?
Misc. Provisions, including Retaliation
Name 3 protected classes in terms of employment discrimination.
race color sex religion nation of origin
Does an employee have a right to see their personnel files?
No
EEOC stands for
Equal
Employment
Opportunity
Commission
A person has ___ days to file a claim with the EEOC after the adverse employment action.
300
After EEOC investigates, it issues a
Right to Sue Letter
After a Right to Sue Letter, you have ___ days to file suit in court.
90 days
Which President pushed through passage of the Civil Rights Act?
Lyndon Johnson
In the mock trial, on what date does the plaintiff believe the tort took place?
September 21, 2013
In the mock trial, what is the main health issue of the defendant’s mother?
she had a stroke
In the mock trial, what was scratched into the car?
U R A JERK
What are the names of the defendant’s sons?
Sean and Colin
Give the names of the 2 paralegals who had been regularly assigned to the plaintiff.
Samantha Star
Lucy Bishop
The main federal law that deals with employment discrimination is (full name).
Title VII of the Civil Rights Act of 1964
The Texas law that is analogous to Title VII of the Civil Rights Act is called ___.
Texas Commission on Human Rights Act,
Texas Labor Code,
Chapter 21
ADA stands for ___ and ADEA stands for ____.
Americans with Disabilities
Age Discrimination on Employment Act
You must be at least ___ years of age to be covered by ADEA.
40
What are the procedural requirements for a Title II and Title III violations?
File with DOJ (department of justice)
To be covered by FMLA, an employee must have worked ___ (length of time) for the employer and there must be ___ or more employees.
12 months
50
What is the name of the law that covers people serving on a jury?
Texas
Juror
Reemployment
Act
What is the two word phrase that defines promissory estoppel?
Detrimental Reliance
Explain promissory estoppel as it relates to employment law.
When an employee depends on the employer to the employees detriment.
(sold house,
bought new house,
moved to new city ex. for job)
How many breaks are required by law in an 8-hour workday?
zero
_____ has a legal definition.
disability, not a medical definition
How often does the law require that an employee be allowed to inspect his/her personnel file?
never
May an employer lawfully ask an applicant how she will get to work?
yes
May an employer lawfully ask if an applicant has ever been arrested?
no
In court in an employment discrimination case, the plaintiff must first make a ____ - case.
prima facie
SLNDR stands for
single legitimate non-discriminatory reason
Does the law require an employer to provide you paid sick and vacation time?
No
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 ___.
Employment at Will
Under which branch of government are most administrative agencies, such as EEOC?
Executive
The definition of disability under the ADA is ___.
a physical or mental impairment that substantially limits one or more major life activities (i.e. bowel, bladder, brain)
What are the sections of the ADA called ___.
Titles
How many sections does the ADA have?
5 Titles
Which Title covers employment?
Title I
Which Title covers places of public accommodations?
Title III
What does Title II of ADA cover?
State and Local Government
CBA stands for
Collective
Bargaining
Agreement
FMLA stands for
Family and
Medical
Leave
Act
What is the name of the first law of Obama’s presidency did he sign?
The Lilly Ledbetter Fair Pay Act
What is the Right to Sue Letter?
letter says that you have “exhausted administrative remedies,” which is a requirement prior to filing a civil suit against the employers.
What does SLNDR stand for?
Single Legitimate Non-Discriminatory Reason (a burden of proof - defendant)
What are the 2 ADA defenses?
- Undue Burden
2. Direct Threat
What are the procedural requirements for a Title IV violation?
file with FCC (Federal Communications Commission)
Can you be fired for being gay?
Yes
What commission enforces the TCHRA?
TWC Civil Rights Division
It’s called ____ if you say you are firing someone because they testified against your employer, and it’s against the law.
retaliation
Why is ADA different from all other employment discrimination laws in terms of an employer?
They must make accommodations in the workplace.
FMLA covers these and should receive 12-weeks of unpaid leave each year:
- 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
What did enacting The Lilly Ledbetter Fair Pay Act do?
It overturned Ledbetter v. Goodyear
A person may not discriminate against an employee just because she filed a workers’ comp claim is covered under ___
Workers’ Compensation Retaliation
Another explanation of promissory estoppel as it relates to employment law.
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)
Does the law require an employer to provide rest and meal breaks?
No
___ means that you do not have to belong to a union to get employment in Texas.
Right to Work
Name 5 major life activities under the ADA.
S - seeing H - hearing E - eating L - learning S - speaking
If the EEOC accepts the complaint, it becomes a ____.
charge
What are the steps in filing an EEOC?
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
What caused the Fair Housing Act to get passed and what year?
death of MLK in 1968
not because of his death, but it moved it forward
There are sections in the ADA, which in Federal law are called ______
titles
What is the medical definition of disability?
There is none.
How much paid sick leave is an employee required by law to get each year?
zero
What are the 3 prongs of disability?
An individual who is/has -
- a physical or mental impairment that substantially limits one or more major life activities OR
- a record of a disability OR
- is regarded as having a disability.
Can you think of some physical or mental impairments?
- post traumatic disorder
- epilepsy
The requirement that you file a complaint with the EEOC before you file a lawsuit is called ___.
exhausting all administrative remedies
In order to be covered by Title I, what are the additional requirements?
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.
What are the two phrases that need most discussion in regards to “Otherwise Qualified”?
- “essential functions”
2. “reasonable accommodations”
What is the Nondiscrimination Requirements?
You can’t exclude people with disabilities
And you have to offer things with Integrated settings
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?
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.
Title III covers what?
- hotels
- law firm offices
- restaurants
- beach
- movie theaters
What is the definition of a service animal?
a dog who does work or performs tasks
What are the procedural requirements for a Title I violation?
File with EEOC or TCHRA
What does Title VII of the Civil Rights Act of 1964 prohibit?
prohibits discrimination on the basis of these protected classes:
- race
- color
- religion
- sex
- national origin
How many employees must you have to be covered by Title VII of The Civil Rights Act of 1964?
15 or more employees are covered under EEOC and TWC;
if less than 15, you can fire anybody for any reason; otherwise you a
