Midterm 2 Notes (1) PDF

Title VII of the 1964 Civil Rights Amendment 1 prohibits discrimination based on membership in a protectedclass race color religion Sex national origin IN 2 hiring firing job assignm...

Title VII of the 1964 Civil Rights Amendment 1 prohibits discrimination based on membership in a protectedclass race color religion Sex national origin IN 2 hiring firing job assignments pay access to training of apprenticeship programs and mostother employment decisions 3 Covered employers a 15 or more employees AND b engage in interstate commerce It no private right to sue file a charge with the EEOC 5 if the EEOC does not proceed with thecase they may still issue a right to sue letter 90 days to file the claim definition does title 7 apply then move on to disparate treatment and  Impact Disparate Treatment theory of discrimination treated differently 1 discrimination is intentional 2 individual plaintiff claiming specific instance s of discrimination based on memembership in a protected class Patterns of discrimination reason to cover up the true iateai.cabehind 3 Pretext pattéins p aisiimm.in jtis a plaintiff must provide enough evidence to show a of PÉm discrimination prima facie b burden shifts 7 D to produce evidence that the challenged employment decisionwas made for a legitimate nondiscriminatory reason c burden shifts back a plaintiff to prove that discrimination actually occurred and that Defendant was pretex the reason offered by the for discrimination 4 Facial overt direct pattern a intent is implied b evidence of discrimination is clear provided by the employer 5 mixed motives pattern  Plaintiff demonstrates that membership in a protected class was a motivating factor for an employment practice or decision EVEN If other factors also motivated the practice tffrimination Disparate Impact 1 NO requirement that the discrimination be intentional 2 The Plaintiff's argue that the employer uses a particular practice that causes a disparate impact on a protected class hellfght weakness 3 facially neutral policy that has a disproportionately adverse negative effect or impactinmonemoftitlvII.is protected classes proves through statistical evidence 4 if P's do show a disparate impact they win unless the employer can show the employment practice is job related and consistent with business necessity 5 P's can then argue that the employer's business needs can be met by an alternative practice that is less than the challenged one Co employment discriminatory still has standards but alter so it is not super discriminato  Defenses 1 even if the P proves a title VII violation Defense can still win the case if it successfu establishes a title VII defense 2 the defense willallow the D to limit the P's recovery or excuse the D from liability altogether 3 secisiondefense.ro mixed motivecases employer can show it would Jge faggage gang puppy ggadethe same decision regardless of the 4 bone fide sergeantsservice my defense 5 bone fide merit system base earnings on quantity or quality of product results of a professionally developed ability test stilon fill ff tn s ffitfffnalyffi.fi sje race and color Remedies 1 back pay cases where intentional discriminationcaused lostwages accruing from 2 yea before the filingof the charge 2 attorney's fee at courtsdiscretion to private P's coffin'sator atimages 3 only in cases of intentional discrimination for emotional distresssickness loss of reputation denial in court 4 Punitive damages only in cases of intentional discrimination where the defendant discriminated with malice or reckless disregard for plaintiffs rights equitable relief hiring reinstatement retroactive seniority Race and Color Discrimination 1 protect people of color 2 may also protect whites if employers favor people of color BUT 3 racial preference survives a title VII attack IF 4 Design to correct imbalance minorities are unrepresented 5 doesn't unnecessarily impact white employees rights 6 And the preferences are only temporary National Origin discrimination 1 discrimination based on the country of one's or one's ancestors origin OR EiiFasiiifEEei unns  r 2 One's possession of physical cultural or linguistic characteristics identified with people of a particular nation 3 plaintiff may not actually be from the country at issue 4 It If the may be a violation to only hire v s litizens policy has the effect of discriminating against people based on national origin 5 Other neutral policies MAY be violations If they have a Disparate Impar are not job related height weight fluency in English Sabbeth observance to church type of clothing going dietary need Religious Discrimination 9 hey dress 1 discrimination on the basis of religious observances or prattice includes atheist 2 employer's must provide a reasonable accommodation for the employee's practice or observance UNLESS it would be an undue hardship more than a minimal cost Sex Discrimination 1 male or female Not sexual orientation ortransgender 164 gender based 2 wed Pregnancy Discrimination Act amended Title VII so that pregnancy and childbirth  discrimination constitute sex discrimination 3 189 Price waterhouse v Hopkins Sexual Stereotyping also const tes as sex discrimination employer behaviorthat EITHER a denies a woman employment opportunities by assuming she must have traditionally female traits OR penalizes her for lacking suin traits 4 1198 oncale can have same set harassment 5 2020 Bostock v Clayton County GA sexual orientation and only transgender status if they 5 Sexual Harassment decline Quid pro Quo tEA m t something to GNase 1 express or implied link between sexually oriented behavior tangiable action emplo ment employee suffers an economic detriment saysto andtheir fattyInessee 2 Harasser is superior to the employee victim must be in a position to bring about the TEA 3 Theemployer is strictly no defenses vicariously liable if empt theharasser  Hostile Work Environment NO TEA 1 unwelcome sexually oriented behavior sufficiently severe or pervasive to change the conditions of the victim's employment and create an abusive environment 2 Harasser is either superior to thevictim OR a co worker Loexsleeps with Superior for raise andgetsraise Noeconomicdetriment doesn't do it but no punishment 0doesthe act butdoesn't receivethe raise 3 Employer liability A if the harasser is a co worker employer is liable if they knew or should have known of the harassment and failed to take promptcorrective action b if the harasser is superior to the victim employer can raise an affirmative defense ifemployer is superio i theemployer exercised reasonable correct p.gg ateaePngharalstad nn sexual harassing behavior AND by HRit is unreasonable ii the plaintiff employee unreasonably rate o are aiivantageor.bayithpiiii e a or corrective opportunities provided bythe employer or to avoid harm otherwise take advantageofresources 4A reasonable person must find the environment hostileand abusive notjust be overly sensitive Business Forms Factors to consider when choosing a business 1 of owners 2 management decisions dothciteanother  if 2 bustsfoim 3 createdbydefault they are stuck with a general partnership 4 sharing profitsand losses 5 tax treatment Federal 6 liability 7 transferability of interest Sole Proprietorship 1 lawyer 2 owner 3 yes 4 declare all profits or losses 5 Not a tax paying entity fed income tax 6 Unlimited liability 7 not really General Partnership 1 2 or more owners 2 partners 3 yes 4 yes equally default 5 unlimited personal liability 6 not freely transferable  Limited Liability Partnership 1 no unlimited liability personal liability for most LLP obligations EXCEPT when the partner commits the wrongful act malpractice 2 Form is often used by professionals 3 LLP's can be taxed like a partnership or corp 4 formation requires filing a form with the secretary of state 5 Some states require maintaining adequate professional liability insurance