Business Law 283 - Final Exam Study Guide

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Questions and Answers

What is one of the five protected classes under Title VII?

  • Political Affiliation
  • Sex (correct)
  • Height
  • Disability

Which act primarily prohibits age discrimination in employment?

  • Civil Rights Act of 1964
  • Equal Employment Opportunity Act
  • Americans with Disabilities Act
  • Age Discrimination in Employment Act (correct)

What must an employee demonstrate to prove disparate impact discrimination?

  • A formal complaint to the EEOC
  • A specific incident of discrimination
  • Statistical evidence showing disproportionate effects (correct)
  • Intent to discriminate

What is considered a legitimate defense an employer may use against a discrimination claim?

<p>Unduly burdensome accommodations (C)</p> Signup and view all the answers

What aspect of regulatory agencies determines the extent of their authority?

<p>Administrative Sources (D)</p> Signup and view all the answers

Which of the following is not considered a protected activity under Title VII?

<p>Retaliation against an employer (D)</p> Signup and view all the answers

Under which conditions must a discrimination claim typically be filed?

<p>Within 180 days after the discriminatory act (A)</p> Signup and view all the answers

What type of sexual harassment involves a hostile work environment?

<p>Hostile Work Environment (B)</p> Signup and view all the answers

What is a common defense to a disparate impact claim related to employment practices?

<p>Equal application of the rule across demographics (D)</p> Signup and view all the answers

What key element does the Dormant Commerce Clause address?

<p>Limits on state regulations affecting federal commerce (A)</p> Signup and view all the answers

Which of the following business entities provides limited liability to its owners while allowing pass-through taxation?

<p>Limited Liability Company (LLC) (B)</p> Signup and view all the answers

What major characteristic differentiates a corporation from a sole proprietorship in terms of continuity?

<p>Ability to continue operations after owner withdrawal (C)</p> Signup and view all the answers

What legal concept refers to the failure to maintain proper corporate formalities, resulting in the personal liability of shareholders?

<p>Piercing the Corporate Veil (B)</p> Signup and view all the answers

Which type of business organization is typically characterized by the limitation of owners' liability to their investment in the corporation?

<p>Limited Liability Company (LLC) (B)</p> Signup and view all the answers

What is one unique consideration for S Corporations compared to traditional corporations?

<p>Restrictions on foreign shareholders (C)</p> Signup and view all the answers

Which Supreme Court case is most directly associated with the shift in judicial perspective during the Lochner Era, favoring employer rights over worker regulations?

<p>Lochner v. New York (A)</p> Signup and view all the answers

In the context of business organizations, which of the following primarily affects the management and control of a corporation?

<p>Ownership structure (B)</p> Signup and view all the answers

Which of the following is NOT a typical consideration when evaluating business entities in terms of taxation?

<p>Regulatory compliance costs (B)</p> Signup and view all the answers

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?

<p>West Coast Hotel v. Parrish (C)</p> Signup and view all the answers

What defines a hostile work environment?

<p>Widespread inappropriate comments/behavior that create a negative atmosphere. (B)</p> Signup and view all the answers

In which scenario is consent not a valid defense against harassment claims?

<p>When the claimant is less senior and under supervision of the alleged offender. (A)</p> Signup and view all the answers

How does the ADEA handle the burden of proof in discrimination claims?

<p>The burden of proof and burden-shifting are similar to Title VII. (B)</p> Signup and view all the answers

Which aspect of the ADA is not applicable to certain private businesses?

<p>Accessibility provisions regarding the age of the building. (A)</p> Signup and view all the answers

What is a crucial difference between exemptions and defenses under employment law?

<p>Exemptions completely protect employers from claims, while defenses can be challenged. (A)</p> Signup and view all the answers

Which group is protected under the retaliation provisions extended by subsequent amendments?

<p>Employees' spouses even if they are not employees. (C)</p> Signup and view all the answers

What does 'quid pro quo' in the workplace typically refer to?

<p>Leverage used in unethical promotions in exchange for favors. (B)</p> Signup and view all the answers

What is not a characteristic of the claims filing procedures under ADEA?

<p>They require a mediator to be present. (A)</p> Signup and view all the answers

What is the role of 'standing' in retaliation claims under employment law?

<p>Anyone impacted by the retaliatory action may have standing. (B)</p> Signup and view all the answers

Which of the following is NOT a restriction under Title VII, ADEA, or ADA?

<p>Unfounded workplace gossip. (D)</p> Signup and view all the answers

Flashcards

Sole Proprietorship

A business owned and run by one person.

Partnership (General)

A business owned and run by two or more people.

Limited Liability Company (LLC)

Combines the benefits of a partnership/corporation with less complexity than a corp.

Corporate Formalities

Procedures and regulations companies must follow.

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Piercing the Corporate Veil

A legal action that holds the owners of a company personally responsible for company debts.

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Lochner Era

A period in Supreme Court history focused on regulating business through the interpretation of the Commerce Clause.

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Commerce Clause

A clause in the U.S. Constitution granting Congress the power to regulate commerce among the states.

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S Corporation

A type of corporation that passes profits/losses directly to shareholders.

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Cost/Complexity of formation

The difficulty and expense required to begin a business.

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Continuity

The ability of a business to continue operations even with changes in ownership.

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Hostile Work Environment

Inappropriate comments or behavior so frequent it makes the workplace uncomfortable.

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Quid Pro Quo Harassment

Harassment where a supervisor asks for sexual favors in exchange for something – like a promotion.

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Consent as Defense

Consent is not a valid defense for harassment if the claimant is of lower status or supervised by the harasser.

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ADEA

Age Discrimination in Employment Act (ADEA).

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ADEA Employer Size

Applies to employers with a specific number of employees; different for different provisions.

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ADEA Filing/Administration

Complaint and claim procedures are like those for Title VII.

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ADA

Americans With Disabilities Act

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ADA Employer Size

Applies to employers with a specific number of employees.

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Retaliation

Taking action in response to an employee complaint or reporting unlawful activity.

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Retaliation Standing

Individuals who assist in an investigation can be protected from retaliation, extending to co-workers and spouses.

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Dormant Commerce Clause

Limits state's power to regulate interstate commerce when it burdens or discriminates against it.

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Title VII

The part of the 1964 Civil Rights Act prohibiting employment discrimination based on protected characteristics.

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Protected Classes (Title VII)

Groups (sex, race, color, national origin, religion) legally protected from employment discrimination.

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Disparate Treatment

Intentional discrimination. Employer treats some individuals worse.

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Disparate Impact

Unintentional discrimination. Neutral employment practice has negative impact on a protected group.

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Regulatory Agencies

Government bodies with specific authority to oversee industries and activities.

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Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature in the workplace.

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Employment Discrimination Law

Laws prohibiting discrimination based on gender, race, age, disability etc.

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Reasonable Accommodation

Adjustments made by an employer to accommodate an employee's disability or another protected characteristic.

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Agency Authority

Regulatory agency's ability to regulate via rules and orders, which varies by sources.

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Study Notes

Business Law 283 - Final Exam (Exam #3) Study Guide

  • 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

  • Primary Sources: Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA).

  • Employers of which size are covered: Title VII, ADEA, and ADA have varying size thresholds for applicable employers.

  • Protected Classes:

    • Sex/Gender
    • Race
    • Color
    • National Origin
    • Religion (and definition of religion.)
  • Defenses: Disparate treatment, Disparate impact, Statute of Limitations (when claim must be filed), appropriate claim administration, common defenses (reasonable accommodations, legitimate qualifications, etc.).

  • 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.
  • Additional restrictions: Retaliatory discharge (and other retaliatory actions), standing to bring retaliation claims (includes co-workers and spouses).

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