Employment Law Final

Front 1

Elements of Disparate Treatment/Unlawful Discrim. Claim

Back 1

1. Plaintiff is a member of a protected class

2. Plaintiff was qualified for position

3. Despite being qualified, plaintiff was subjected to an adverse employment decision

4. After the adverse decision, the employer hired people w/ similar quals.

Front 2

Elements of Hostile Work Env. Sex Harassment

Back 2

1. Harassment has to occur because of sex

2. Harassment has to be severe and pervasive

3. It was severe/pervasive enough to make a reasonable person (woman)...

4. Believe that the conditions of employment are altered and the environment is now hostile

Front 3

Elements of a Workers' Comp Claim

Back 3

1. There must be an accident/series of incidents

2. There must be an injury/series of

3. The accident & injury occur during the course of employment

4. Accident/injury must arise out of employment.

Front 4

Elements of Violation of Specific Duty

Back 4

1. The cited standard applies to the employer

2. The employer failed the comply w/ the standard.

3. The employees were exposed to the hazard.

4. The employer had actual or constructive knowledge of the hazard.

Front 5

Elements of Violation of General Duty

Back 5

1. A condition in workplace presented a hazard

2. The employer/industry recognized the condition as a hazard

3. The hazard was liked to/actually did cause harm.

4. A measure to reduce the hazard existed.

Front 6

Elements of Defense: Unpreventable Employee Misconduct

Back 6

1. Employer established a rule that prevented the unsafe behavior.

2. Employer communicated the rule

3. Employer took steps to discover those not following the rule

4. Employer effectively reprimanded employees who did not follow it.