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78 Cards in this Set
- Front
- Back
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Employment at will doctrine
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Can quit or be fired for any reason or no reason
**slowly disappearing |
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14th Ammend. Equal Protection Clause
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no STATE shall deny anyone equal protection
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State laws are passed based on..
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polic powers--health, safety, morals, and welfare
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To determine if a law violates the Equal Protection Clause,
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1. Need state action (a public entity must be doing the discrimination)
2. Then determine what protected class is being discriminated against. |
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To determine if a group is being discriminated under the EPC...
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Race- Strict Scrutiny
1. compelling govt interest 2. narrowly tailored means Gender- heightened scrutiny 1. must serve important gov interest Age/economics- Rational basis 1. gov needs reasonable reason |
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Brown v BOE
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Seperate but equal is not equal. 1954. violates the Constitution
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Affirmative Action
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Designed to make up for past discrimination in education and employment and to create more diversity
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Bakke Case (AA-1978)
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Univ CA Davis med school planned to accept 16 out of 100 minorities. Bakke applied, had better credentials, not accepted. Unconstitutional b/c had to pass strict scrutiny test--quote not narrowly tailored.
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Hopwood case (AA-1993)
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University of Texas law school plan to up minority enrollment. School lost b/c diversity was not compelling
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Michigan law school case(2004)
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wanted more diverse student body, white female sued, school claimed critical mass and won b/c of no set number (they didn't use a quota)court found this compelling
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Michigan undergrad case
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Gave points to minorities and lost, not narrowly tailored
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Plans that are most likely to be legal with AA...
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1. temporary plans--more constitutional than permanent.
2. goals more constit than quotas |
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Title V11 of Civil Rights Act of 1964
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prevent discrimination in the work place, public accomodations, etc...
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Purpose of Title VII
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prevent discrim based on race religion color sex of nat'l origin
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To be covered by Titl VII in the work place,
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must be 15 or more employees for 20 or more weeks
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Definition of Disparate Treatment (VII)
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obvious discrim on a protected category.
EX- walgreens placement of minority managers EX- male trying to be exotic dancer |
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Elements of disparate treatment
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a. belong to protected group
b. qualified c. applied or were working there d. were discriminated against |
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Defenses of disparate treatment
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1. Bona Fide occupational qualification--at times, companies can discriminate based on religion, gender, or national origin if the ESSENCE of the job requires it, but never for race or color
EX. religious schools, chefs, strip clubs 2.not qualified, bad reference 3. criminal record |
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Definiation of Disproportionate Impact
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neutral policies that discriminate
EX. height and weight |
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Quid Pro Quo harrassment (Under Sex harrassment VII)
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this for that, job benefits conditioned on sex
company automatically liable |
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Hostile Environ Harrassment
(Under sex harrassment VII) |
1. can be touching, comments, jokes, posters, asking, etc..
2. Elements a. unwelcome b. based on sex c. create abusive environ -subj(must bother victim) -obj(offend reasonable person) d. done by a coworker must show company knew or should have known and failed to stop e. if by a supervisor, comp is liable unless it can establish an affirmative offense |
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Affirmative offense
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1. reasonably tried to prevent
2. employee failed to report |
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Factors of hostile environ harrassment
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frequency, severity, humility, if caused pysch harm
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How to avoid harrassment
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1. have a policy
2. train employees 3. zero tolerance 4. easy to complain 5. investigage 6. take appropriate action |
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Elements of Age Discrimination in Emp Act
(NOT VII) |
1. over 40
2. qualified 3. discrim against 4. b/c of age |
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Americans with disabilities act
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Comp cannot discriminate against a disabled person who can do the job w/ or w/o a reasonable accomodation.
**if its too expensive this is an exception |
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Agency Relationship
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one person acts on behalf of another subject to person's control
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principal
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employer
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Agent
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employees
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express authority
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what you are TOLD to do
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Implied Authority
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Unstated- an extension of your express authority.
1. do whatever is normally done in your job 2. authority to act in an emergency |
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Apparent Authority
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exists when a principal acts in such a way to have a third party reasonably believe the agent has authority
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Duties of Agent to Principle
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1. Performance-act with due care
2. Notification-must infrom princ about whats going on with the business 3. Loyalty- cant compete against principle 4. Obediance 5. Acctg- inform p of financial condition |
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Principle's duties to Agent
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1. Compensation- agreed on or reasonable
2. Reimbursement and indemnification- reimburse for out of pocket work related expenses 3. Cooperation- make it possible for you to do your job 4. Safe working conditions |
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Disclosed principle
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generally does his/her job and drops out with no liability
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Partially disclosed principle
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3rd party (home seller) knows agency but not principle
Agent liable |
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Undisclosed principle
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3rd party is totally unaware of agency relationships
Agent liable |
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Agents always reliable for their own____
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torts
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Respondeant superior(vicarious liability)
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P is liable for the torts of agents committed w/in the scope of agents employment. P liable ir he has the right to control even if he doens't exercise it
Kaplan lost |
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Detour
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P liable
EX out of way for construction |
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Frolic
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P not liable
Fiocco v Carver, co won |
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Intentional Acts
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p liable (but its rare) only if acts committed in scope of employment
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Independant contractor
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P not liable
(doing work for you you cannot control) |
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Equal Pay act of 1963
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woman are entitled to the same pay as men for similar work.
Exceptions: 1. merit system 2. valid seniority system 3. piecemeal system |
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OSHA
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Prevent workplace injuries and deaths.
Must create safe work environ Employess can refuse to work if they are put in danger Keep records! |
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Before workers compensation
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1.Before worker's comp, an injured worker had to sue employer for negligence.
2.Employee could raise commonlaw defenses of: a. assumption of risk b. contrib negligence-if partly your fault, no recov c. fellow servant rule-caused by a coworker, no recov |
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Rationale for Workers comp
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1. costs get spread around
2. worker isn't suffering if doing their job |
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Elements of proof in workers comp
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1. injury an accident
2. arose from scope of emp |
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When worker's comp doesn't apply (or need to prove it is work related)
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heart attack, bad back, stress and mental health
**horseplay, can be covered **weather related covered if you are at a greater risk then the public |
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Exclusive remedy under workers comp
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can only file a workers comp claim, and you can't sue it for negligence
**can sue manufacturer of a machine that hurt you |
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Benefits under WC
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med paid for, rehad paid for, missed work, death and funeral paid, and lump sum based on injury
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Social Security and medicare
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old age insurance
SS money pays medicare, disability, survivor benefits |
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Private pension planbs
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not required, but regulated
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Unemployment insurance
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intended to help someone who was let go and looking for work
Requirements: 1. involuntarily terminated 2. must be able and available to work 3. seeking employment **can't get if fired for misconduct |
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Family & Med Leave Act
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allows employees to take up to 12 weeks of unpaid leave per year for personal reasons
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Definition of deceptive advertising
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misleads a REASONABLE person
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Bait and swith deceptive ad-
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advertising a product at a low price to get people in, then not having it or saying its junk to get people to buy something more expensive
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Price claims (decept ad)
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1. Comparison to former price- must have been in existence for a reasonable amt of time
2. list and suggested retail- must have actually been the price 3. Special deals- must be lower price and the event must be real 4. two for one, etc-reg price must have existed for a reasonable amt of time 5. price elsewhere- must be the prevailing price in the area |
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FTC actions against deceptive ads
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1. cease and desist
2. counteradvertising- correct the deceptive ad |
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Packaging requirments according to Fair Pack and Label act
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1. what product is
2. quantity and number serving 3. manufacturer and packager 4. nutritional info **enforced by Dept of H&H Services |
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Credit protection under the Truth and Lending Act
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disclosure act that requires sellers and lenders to disclose credit terms to borrowers so they know what they are getting and can shop around
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Credit card rules
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1. $50 limit if lost, zero after comp informed
2. if unsolicited card is stolen and used, no liability |
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Fair Credit Reporting Act
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1. sets out the situations in wichi it is appropriate for credit agencies to issue a report
2. if a consumer is denied credit or charged a higher premium or rate b/c of credit issues, they are entitled to be notified and can get the report |
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Fair Debt collection Practices Act
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It applies to:
1. debt collection agencies, lawyers, that get a % of what they claim 2. does not apply to regular creditors |
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Tangible property
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can be touched
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Intangible
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stock certificate, copyright
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Real Property
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land and anything permanently attached.
1. landowner has some rights to the air and earth on property 2. plant life and vegetation- considered part of the real prop until they are cut down... then personal |
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Fixtures
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personal property that becomes attached to real prop so as to be considered real prop
1. unless contract says otherwise, fixtures stay with real prop 2. fixture if would cause damage if removed 3. fixture if normally considered part of real property (door) |
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Lost property
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Prop that the owner accidentally parts possession with
-owner has better rights than the finder |
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Mislaid property
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Prop that the owner intentionally places somewhere and forgets.
-owner of premises has better rights than finder |
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Abandoned prop
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owner intentionally parts possession with
-finder has best rights |
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Bailment
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rightful possession of prop by a person who is not the owner
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Elements of bailment
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1. delivery of
2. personal property(by bailor to bailee) 3. bailee doesn't become owner 4. bailee has duty to return |
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Deeds under transfer of real property
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document that provides evidence of title. (when you buy a house)
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Death
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when you die, title to any real property that you own will transfer to the person or entity you have designated in your will
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Adverse possession
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occurs when a person uses your property w/out your permission. law reguires you to put an end to this or you may risk the loss of your property
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Elements for adverse possession
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1. possession must be open and obvious
2. against interest of true owner 3. continuos for a set amt of time |
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Eminent domain
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under the 5th ammend, the govt can take private property for a public purpose as long as it pays owner fair compensation
**to build a runway **Sup Ct ruled that is is constit for a city/town to take private prop to put up a private business as a means of improving econ conditions or tax base of the city |
