Exam 3 Part 1 Flashcards
What is Absolute Immunity?
It is a complete exemption from liability for actions performed within the scope of official duties, typically granted to judges and legislators.
What is Qualified Immunity?
A legal doctrine protecting government officials from civil suits unless the official violated a “clearly established” statutory or constitutional right.
What does the Eleventh Amendment state regarding lawsuits against states?
It prohibits federal courts from hearing certain lawsuits against states brought by citizens of another state or foreign country.
What is the Federal Tort Claims Act (1946)?
It allows private parties to sue the U.S. government for most torts committed by persons acting on behalf of the U.S., excluding discretionary functions and certain intentional torts.
What is the Tucker Act (1887)?
It provides jurisdiction for certain claims against the United States, including contractual disputes and claims under the Constitution.
What is Section 1983 of the Civil Rights Act (1871)?
It allows individuals to sue state officials for civil rights violations committed under color of state law.
What is the difference between Individual Disparate Treatment and Systemic Disparate Treatment?
Individual: discrimination against a single person; Systemic: patterns or practices affecting multiple employees across an organization.
What does the Equal Pay Act (1963) require?
Equal pay for equal work regardless of sex, unless differences are based on seniority, merit, or other factors not related to gender.
What is the Americans with Disabilities Act (1990)?
A law that prohibits discrimination against individuals with disabilities and requires reasonable accommodations in employment.
In Kelly v. Johnson (1976), what did the Supreme Court rule?
That a police department’s grooming policy did not violate the Constitution, due to the government’s broader regulatory authority over employees.
What was at issue in NTEU v. Van Raab (1989)?
Whether mandatory drug testing for certain Customs Service employees violated the Fourth Amendment; the Court upheld the testing as reasonable.
