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29 Cards in this Set
- Front
- Back
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Title 7 |
Federal- establishes protected classes - Race -Color -Sex -Gender -Religion -National Origin |
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Disability |
A condition which limits a major life-function which cannot be corrected easily (I.E. near-sightedness is not a disability) |
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ADEA |
Age Discrimination in Employment Act |
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NJLAD |
New Jersey state follow-up to Title 7. Combines the ADA, ADEA, and Title 7, as well as adding other statuses including transgender |
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Modified McDonal Douglass Framework |
Helps prove individual disparate treatment (discrimination against an individual) Simply: 1. Prima Facie: Plantiff's Burden of Proof 2.Employer's Mere Burden of Production 3. Plantiff's Final Burden of Persuasion |
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Prima Facie |
1. Plantiff must establish that they are part of a protected class 2. Plantiff must establish that they meet qualifications for relevant job/position 3. Despite qualification, the Plantiff has suffered adverse employment consequences 4. Employees who do not belong to Plantiff's protected class did not suffer the same consequences. |
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Employer's Mere Burden of Production |
Employer only has to provide an authentic, non-discriminatory reason for difference in treatment. However, they will usually strategically provide much more information in an effort to strengthen their case. |
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Employee's Final Burden of Persuasion |
1. Plantiff must show that reasons proffered by employer in Burden of Production are false and/or pretext (a lie/excuse). 2. Plantiff must show that the actual reason for adverse employment consequence was intentional discrimination |
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EEOC |
Equal Employment Opportunity Commission Filing a claim with the EEOC is mandatory in order to sue, but not binding. |
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Filing a claim with the EEOC (mandatory) |
1. File with EEOC within 180 days 2. Defendant will receive notification of charge -Defendant will respond 3. EEOC investigates -Will schedule a mediation 4. EEOC forms a conclusion based on investigation- will issue a "right to sue" -Must file lawsuit within 90 days
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New Jersey Division of Civil Rights |
State equivalent of the EEOC. Optional, but binding. May file lawsuit within 2 years. Will generally file with the EEOC as well. Applies to state-specific laws. |
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Hostile Work Environment |
A hostile work environment exists when an employee experiences workplace harassment and fears going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser. Must be severe OR pervasive. In regards to discrimination this is filed as a civil suit under Title 7 or NJLAD |
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Liability in Regards to Sexual Harassment |
If company is "on notice" and has not taken steps to eliminate harassment or hostile work environment, then company is liable. |
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FMLA |
Federal Medical Leave Act Employees that qualify for this protection receive 12 weeks (or 480 hours) of unpaid leave to care for family that is ill. -Limited to parents, children, and spouses within 75 miles. -Employee must have worked 1,250 for over a year. -Any serious medical condition is counted |
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NJFLA (New Jersey Family Leave Act) |
In addition to (supplement) the FMLA -Requires only 1,000 hours/year -Eligible every 2 years -No mile radius limit -Only applies to other family members -Additional 12 weeks for new parents |
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Employer Rights in Regard to Medical Leave |
Knowledge of illness or factor for employee leave
Note: Employer duty to send out FMLA info |
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Worker's Compensation |
Compensation for workplace injury, regardless of employee negligence. In return, employee cannot sue. |
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Permanent injuries and death |
Worker's comp will result in a lump sum payment. In the event of death, most states require a 100,000 dollars lump sum payment. |
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Exclusivity Principle |
An employee may not file a tort claim against employer if worker's compensation is paid. |
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Intentional Conduct |
Employer loses protection if they actively caused the injury |
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Elements of Workers Compensation |
1. There has been an accident 2. There was a subsequent injury 3. Injury occurred during course of employment 4. Incident arises out of employment
Employee does not have to be on the clock |
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FLSA (Fair Labor Standards Act) |
Applies REGARDLESS OF IMMIGRATION STATUS! The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. |
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Dual Capacity Doctrine |
If employer fulfills capacities other than that of an employer, I.E. medical provider, it may be liable to a tort claim in spite of worker's comp. Usually rejected in favor of Dual Persona- employers have many capacities and this doctrine sometimes undermines the exclusivity principle |
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Sturtevant v. County of Montery |
1. Plantiff injured her wrist 2. Was provided worker's comp 3. Company doctor aggravated injury 4, Plantiff gained grounds to sue Example of Dual Capacity Doctrine |
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Dual Persona Doctrine |
Similar to Dual Capacity. Requires that an employer possess a second persona so completely independent from and unrelated to its status as employer that the law recognizes them as a separate legal entity. |
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Kimzey V. Interpace Corp |
1. Employee suffered injury via operation of workplace machinery 2. Company which manufactured machine merged into employer 3. Employer assumed all debts, liabilities, etc. of manufacturer 4. Employees were able to sue employer in addition to worker's comp Example of Dual Persona Doctrine |
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Elements of a Sexual Harassment/hostile work environment |
1. Plantiff must belong to protected class/action due to protected class 2. Harassment behavior is "sever or pervasive" 3. Harassment negatively effected work environment 4. Detrimentally effect a reasonable person 5. Determine liability (individual or employer) |
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ADA |
American's with Disabilities Act |
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Sex discrimination and sexual harassment |
Does not have to be *sexual*. I.E. 20 men at a job might harass one woman in a non-sexual way. Because the harassment is due to her sex, this is sexual harassment. |
