Pa Employment Law

Front 1

Title VII Protected Classes

Back 1

Race, Color, National Origin, Sex, or Religion - or if D believes P belongs to that group

Front 2

Religious Failure to Accommodate (SHICA) Prima Facie Case

Back 2

1. Sincerely Held

2. Informed ER about belief

3. Belief conflicts with some Job requirement

4. ER took adverse action based on the conflict

Front 3

Title VII Religion

Back 3

ERs prohibited from discriminating on the basis of religion and provide r_ accommodations for their beliefs - duty to explore R_ accommodation when P makes out a prima facie case

Front 4

Harrassment

Back 4

ER has detrimentally altered P's terms and conditions of employment through:

1. Quid Pro Quo

2. Hostile Environment

Front 5

Quid Pro Quo (SPTA)

Back 5

1. Supervisor

2. Made a sexual proposition

3. Threat of adverse employment action

4. Adverse action resulted from refusing

Front 6

Hostile Environment

Back 6

P exposed to unwelcome or offensive conduct because of her membership in a protected class - Conduct is Severe or Pervasive to alter P's terms and conditions of employment

Unless: ER took r_ measures to prevent and correct behavior and P failed to utilize measures

Front 7

Retaliation

Back 7

Employees are protected from ER retaliation when:

1. Oppose discriminatory practices

2. File a charge or participate in an investigation

Front 8

Retaliation Essay Model

Back 8

1. Engaged in protected activity (opposed/participated)

2. ER adverse employment action

3. Causal link between the two

4. ER says LNDR

5. EE says LNDR pretextual

Front 9

Mixed Motive Cases

Back 9

Under ADEA and Retaliation: P must prove retaliation or discrimination is the "but for cause" for ER's decision

Under Title VII, show discrimination was the motivating factor

Front 10

After Acquired Evidence

Back 10

ER still liable for discrimination, but after acquired evidence limits P's damages

Front 11

Systemic Disparate Teratment

Back 11

Intentional discriminate against entire protected class with:

Pattern and Practice, and

Formal Discriminatory Policies

Front 12

Formal Discriminatory Policies

Back 12

Policy specifically addresses a protected class, intentionally adversely affecting that class, unless,

BFOQ necessary to essence of ER's business, individuals in class cannot perform job safely and efficiently, and dealing with individuals is impracticable

Front 13

Pattern and Practice

Back 13

ER's Pattern and Practice discriminates against a particular class

Front 14

Disparate Impact

Back 14

1. Facially neutral policy or practice

2. P's class has been adversely affected by ER (4/5ths rule)

3. Causal Connection between policy/practice and adverse effect

Front 15

ER's Defenses

Back 15

Can disprove statistics, or prove practice is job related

Front 16

Disparate Treatment Model

Back 16

1. P member of protected class

2. P qualified for position

3. P had adverse employment action

4. EEs not in same protected class retained

5. ER shows Legitimate Non-Discriminatory Reason (LNDR)

6. P shows by Preponderance of Evidence that LNDR is pretext and that discrimination is based on P's protected class

Front 17

ADA Model Essay for Failure to Accommodate

Back 17

1. Is P actually disabled?

2. P qualified to do job?

3. What are essential job functions for job applying for

4. Did P and D engage in INTERACTIVE Process to find R_ accommodation

5. Does a R_ accommodation exist

6. If ER can accommodate, would it be an undue hardship and should be excused