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Questions and Answers
What is one of the five protected classes under Title VII?
What is one of the five protected classes under Title VII?
Which act primarily prohibits age discrimination in employment?
Which act primarily prohibits age discrimination in employment?
What must an employee demonstrate to prove disparate impact discrimination?
What must an employee demonstrate to prove disparate impact discrimination?
What is considered a legitimate defense an employer may use against a discrimination claim?
What is considered a legitimate defense an employer may use against a discrimination claim?
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What aspect of regulatory agencies determines the extent of their authority?
What aspect of regulatory agencies determines the extent of their authority?
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Which of the following is not considered a protected activity under Title VII?
Which of the following is not considered a protected activity under Title VII?
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Under which conditions must a discrimination claim typically be filed?
Under which conditions must a discrimination claim typically be filed?
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What type of sexual harassment involves a hostile work environment?
What type of sexual harassment involves a hostile work environment?
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What is a common defense to a disparate impact claim related to employment practices?
What is a common defense to a disparate impact claim related to employment practices?
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What key element does the Dormant Commerce Clause address?
What key element does the Dormant Commerce Clause address?
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Which of the following business entities provides limited liability to its owners while allowing pass-through taxation?
Which of the following business entities provides limited liability to its owners while allowing pass-through taxation?
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What major characteristic differentiates a corporation from a sole proprietorship in terms of continuity?
What major characteristic differentiates a corporation from a sole proprietorship in terms of continuity?
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What legal concept refers to the failure to maintain proper corporate formalities, resulting in the personal liability of shareholders?
What legal concept refers to the failure to maintain proper corporate formalities, resulting in the personal liability of shareholders?
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Which type of business organization is typically characterized by the limitation of owners' liability to their investment in the corporation?
Which type of business organization is typically characterized by the limitation of owners' liability to their investment in the corporation?
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What is one unique consideration for S Corporations compared to traditional corporations?
What is one unique consideration for S Corporations compared to traditional corporations?
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Which Supreme Court case is most directly associated with the shift in judicial perspective during the Lochner Era, favoring employer rights over worker regulations?
Which Supreme Court case is most directly associated with the shift in judicial perspective during the Lochner Era, favoring employer rights over worker regulations?
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In the context of business organizations, which of the following primarily affects the management and control of a corporation?
In the context of business organizations, which of the following primarily affects the management and control of a corporation?
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Which of the following is NOT a typical consideration when evaluating business entities in terms of taxation?
Which of the following is NOT a typical consideration when evaluating business entities in terms of taxation?
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Which Supreme Court case ruled in favor of the state's right to regulate working hours, thus marking a significant legal pivot from the Lochner Era?
Which Supreme Court case ruled in favor of the state's right to regulate working hours, thus marking a significant legal pivot from the Lochner Era?
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What defines a hostile work environment?
What defines a hostile work environment?
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In which scenario is consent not a valid defense against harassment claims?
In which scenario is consent not a valid defense against harassment claims?
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How does the ADEA handle the burden of proof in discrimination claims?
How does the ADEA handle the burden of proof in discrimination claims?
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Which aspect of the ADA is not applicable to certain private businesses?
Which aspect of the ADA is not applicable to certain private businesses?
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What is a crucial difference between exemptions and defenses under employment law?
What is a crucial difference between exemptions and defenses under employment law?
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Which group is protected under the retaliation provisions extended by subsequent amendments?
Which group is protected under the retaliation provisions extended by subsequent amendments?
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What does 'quid pro quo' in the workplace typically refer to?
What does 'quid pro quo' in the workplace typically refer to?
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What is not a characteristic of the claims filing procedures under ADEA?
What is not a characteristic of the claims filing procedures under ADEA?
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What is the role of 'standing' in retaliation claims under employment law?
What is the role of 'standing' in retaliation claims under employment law?
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Which of the following is NOT a restriction under Title VII, ADEA, or ADA?
Which of the following is NOT a restriction under Title VII, ADEA, or ADA?
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Study Notes
Business Law 283 - Final Exam (Exam #3) Study Guide
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Corporations/Business Organizations:
- Primary business entities in the U.S.: Sole Proprietorship, Partnership (General), Limited Partnership, Limited Liability Company (LLP), Corporation, S Corporation
- 5 Characteristics/Considerations for business entities: Cost/Complexity of Formation, Continuity (ability to continue operations), Management/Control, Taxation, and Liability. Understand how these differ between entity types.
- Additional factors: Failure to follow corporate formalities (meetings, capitalization, asset commingling), "Piercing the Corporate Veil", and specific rules/limitations for certain entities (e.g., shareholder numbers, ownership by other entities).
- Regulatory Law and Supreme Court Decisions: Understand the timeline of Supreme Court decisions (Commerce Clause, Lochner Era) including cases discussed in class. Examples are "Slaughter House Cases."
Employment Discrimination
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Primary Sources: Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA).
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Employers of which size are covered: Title VII, ADEA, and ADA have varying size thresholds for applicable employers.
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Protected Classes:
- Sex/Gender
- Race
- Color
- National Origin
- Religion (and definition of religion.)
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Defenses: Disparate treatment, Disparate impact, Statute of Limitations (when claim must be filed), appropriate claim administration, common defenses (reasonable accommodations, legitimate qualifications, etc.).
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Sexual Harassment:
- Two types: Hostile Work Environment and Quid Pro Quo.
- In hostile work environment, inappropriate comments or behavior render the work environment hostile. In Quid Pro Quo, a supervisor or executive offers to do something in exchange for sexual favors.
- Consent is not a defense if the claimant is less senior or supervised by the alleged offender.
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Additional restrictions: Retaliatory discharge (and other retaliatory actions), standing to bring retaliation claims (includes co-workers and spouses).
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Description
Prepare for the Business Law 283 final exam with this comprehensive study guide. Key topics include various business entities like corporations and partnerships, essential characteristics and considerations for each entity, and crucial regulatory laws and Supreme Court decisions pertinent to business law. Dive into important cases and understand the implications of business operations.
