Exam 1 Rules

Question 1

Judicial Standard of Review

Answer 1

1. Rational Basis Test
2. Intermediate Scrutiny
3. Strict Scrutiny

Question 1

Rational Basis Test

Answer 1

rationally related, legitimate (economic, education, age)

Question 2

Intermediate Scrutiny

Answer 2

substantially related, important (sex, gender)

Question 3

Strict Scrutiny

Answer 3

narrowly tailored, compelling (color, religion, state alienage, privacy/same-sex marriage)

Question 4

Equal Protection Clause

Answer 4

Compares individuals who are similarly situated and one belongs to a protected class

Question 5

Due Process Clause

Answer 5

notice and hearing

Question 6

Employee

Answer 6

agent under ER’s control

Question 7

Independent Contractor

Answer 7

performs tasks according to their own methods

Question 8

EE vs IC Analysis

Answer 8

1. Control
2. Documentation
3. Relationship
4. Payment Basis/Method
5. Payroll Deductions
6. Benefits
7. Equipment/Training
8. Opportunity for Profit/Loss

Question 9

Restrictive Covenants

Answer 9

Non-compete
Non-solicitation
No-hire
Forum Selection Clause
Non-disclosure

Question 10

Non-Compete Agreement (NCA)

Answer 10

EE not to take certain types of jobs or enter into competition with the ER (within a specified region and time period)

Question 11

NCA Limitations

Answer 11

1. must have a legitimate business interest
2. must be reasonable in scope (industry, geographic) and duration (and not contrary to public interest)

Question 12

Non-Solicitation Agreement (NSA)

Answer 12

EE not to take customers, suppliers, or colleagues from ER

Question 13

No-Hire Agreement

Answer 13

2+ companies agree not to hire-away each other’s EEs

Question 14

Forum Selection Clause (FSC)

Answer 14

predetermines the location/court where any legal proceedings related to employment must be initiated

Question 15

Non-Disclosure Agreement (NDA)

Answer 15

confidentiality agreement

Question 16

Doctrine of Inevitable Disclosure

Answer 16

protects ERs in absence of NDAs

Question 17

Retaliation Case

Answer 17

1. Protected Activity (EE)
2. Adverse Action (ER)
3. Causation (EE)

Question 18

Promissory Estoppel Case

Answer 18

1. ER promise
2. EE reasonably relied upon promise
3. EE suffers detriment

Question 19

Discrimination Case

Answer 19

1. Qualified
2. Adverse Action
3. Protected Class

Question 20

Qualified

Answer 20

two similarly situated individuals who are equally qualified

Question 21

Hostile Environment Case

Answer 21

1. Unwelcome behavior
2. Related to protected characteristics
3. Creates hostile environment (severe or pervasive behavior)

Question 22

Disparate Treatment

Answer 22

treating similarly situated EEs/applicants differently bc of a protected characteristic (intentional, overt, “facially” discriminatory)

Question 23

Disparate Treatment Case

Answer 23

1. Claim
2. LNDR Defense
3. Pretext
4. BFOQ Defense

Question 24

Legitimate, Nondiscriminatory Reason (LNDR)

Answer 24

Safety, Productivity, Supervision, Efficiency

Question 25

Pretext

Answer 25

LNDR based on evidence that hides true intentions and motivation

Question 26

Bona Fide Occupational Qualification (BFOQ)

Answer 26

permissible discrimination if integral to the “very essence” of business (never on race)

Question 27

Disparate Impact

Answer 27

discriminatory effect of a facially neutral policy on a protected class

Question 28

Disparate Impact Case

Answer 28

1. Claim
2. Business Necessity Defense
3. Alternate Policy

Question 29

Affirmative Action

Answer 29

Proactive steps to attain (not maintain) qualified statutorily mandated groups who are underrepresented in the workplace

Question 30

What Affirmative Action is NOT

Answer 30

1. require ERs to hire a less qualified person
2. quotas
3. grant preferential treatment