April 8 Exam Flashcards Preview

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Flashcards in April 8 Exam Deck (76)
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1

The doctrine that an employee may be fired for any reason or no reason at all, as long as no employment discrimination statute is violated, is called

Employment at Will

2

What is the most common exception to that doctrine?

contract

3

The main federal law that deals with employment discrimination is (full name)

Title VII of the Civil Rights Act, 1964

4

The Texas law that is analogous to that law is called

Texas Commission on Human Rights Act

5

ADA stands for_____________________ and ADEA stands for _______________________________________.

Americans with Disabilities
Age Discrimination in Employment Act

6

You must be at least __________ years of age to be covered by ADEA.

40

7

How many employees must you have to be covered by Title VII of The Civil Rights Act, 1964?

15

8

To be covered by FMLA, an employee must have worked _________(length of time) for the employer and there must be ________ or more employees.

12
50

9

What is the name of the law that covers people serving on a jury?

Texas Juror Reemployment Act

10

What is the two word phrase that defines promissory estoppel?

Detrimental Reliance

11

Explain promissory estoppel as it relates to employemnt law.

When an employee depends on the employer to the employees detriment. (sold house, bought new home, moved to new city ex. for job)

12

How many breaks are required by law in an 8-hour workday?

zero

13

How much paid sick leave is an employee required by law to get each year?

zero

14

How often does the law require that an employee be allowed to inspect his/her personnel file?

never

15

May an employer lawfully ask an applicant how she will get to work?

yes

16

May an employer lawfully ask if an applicant has ever been arrested?

no

17

The requirement that you file a complaint with the EEOC before you file a lawsuit is called

exhausting all administrative remedies

18

In court in an employment discrimination case, the plaintiff must first make a ____________- case.

prima facie

19

SLNDR stands for

single legitimate non-discriminatory reason

20

_______________ means that you do not have to belong to a union to get employment in Texas.

Right to Work

21

Under which branch of government are most administrative agencies, such as EEOC?

Excecutive

22

The definition of disability under the ADA is

a physical or mental impairment that substantially limits one or more major life activities.

23

What are the sections of the ADA called

Titles

24

How many sections does the ADA have?

5 Titles

25

Which one covers employment?

Title I

26

Which one covers places of public accommodations?

Title III

27

What does Title II of ADA cover?

State and Local Government

28

What does Title IV of ADA cover?

Telecommunications

29

What does Title V of ADA cover?

Misc Provisions, including Retaliation

30

Name three protected classes in terms of employment discrimination

race
color
sex
religion
nation of origin