Exam 2 Flashcards
(20 cards)
employment law covers what?
hiring, firing, disp, promos and benfits
sex laws covers..
gender and sexual orientation
what is the relations clause?
refusal to engage in discrim actions and having wrong done on to them
Vll plaintiffs (employment laws)
Back to job Front pay = of reinstatement Attorney fees and $ Compensatory no more than 300,000 unless it is a race case where there is no cap of money
Reasonable person test
ordinary person., how would they react?
Harassment in the work place, the boss is liable when (employee bullying another employee)
If employee is the harasser then the employer is liable if they didn’t try to help
the employer is not liable when (employee v employee)
No liable if they did try to help and if the employee did not take advantage of percussions.
Sexually harassment
Tangible employment action?
you do something for me and I do something for you- employer is liable
Hostile work environment
rude comments, advances, ect., easier to prove UNLESS the employer shows they are not negligent, training, anon tip line
Oncale v sundowner off shore services incorp outcome
same sex harassment, supreme court says gender does not matter
Theory of discrim, supreme court, under civil rights act
Disparate treatment
intentionally discrim against protected groups
Disparate impact
unintentional prosecuted result in a group of people being fired
Race and color
protection for black, white and asiain people
National origin
EEOC sees Hispanics as people from the country they originate- accent, culture ect.
Religion
must accommodate! Or try to UNLESS it brings undue hardship to the employer
Garments- employer must have justifiable policies such as implementing safety reasons
Training of supervisors
Eeoc v alamo rent a car
discrim
Eeoc v Kelly services
not discrim
Key exceptions of employment law
BFOQ- bona fide occupational qualifications
When the sex religion or national origin is a reasonably necessary to norm operations of bus- essence of bus test
Ex. Men’s clothing store needs tailors in dressing room areas- OK
The coffee shops will not hire catholic- NOT OK
Seniority
Been there longer- gets promo
Testing and educational requirements
Tests are not designed to discrim but to engage the abilities of the job
Affirmative action programs
Represents community around them- all races, national orgin, genders and sex
Other eeo law
Equal pay act
Age discrim employment act (adea)
Protections for disabilities act (ADA)- must be able to prove the disability
Employee health and safety- OSHA
Gen duty- free from hazards or likely to cause death or serious physical harm
Maintain records- occupational illness, injuries resulting in death, loss of m=one or more workdays
