Intro

Question 1

What is the default type of employment in most states?

Answer 1

at will - Howard case

Question 2

what is at will employment?

Answer 2

Employment can be terminated at will by either employer or employee. Can be done for malicious reasons.

Question 3

what are the protected classes of title 7?

Answer 3

Sex, age, race, national origin, colour, religion

Question 4

what is title 7?

Answer 4

o Prohibits discrimination based on an individual’s race, color, religion, sex, or national origin

Question 5

what is the ADEA?

Answer 5

o prohibits employment discrimination based on age – but only those over 40 years old

Question 6

What is sec1981?

Answer 6

Prohibits contract violations based on race.

Question 7

does anti-discrimiantion apply to white peopel and racial miniorities equally??

Answer 7

Anti-discrimination applies equally to whites (majority) and black Americans (minority)

Question 8

what does racial discrimimnation mean?

Answer 8

Racial discrimination means discrimination based on a person’s ethnic origin, not their physical place or birth, nor physical characteristics. This is for the purpose of sec1981.

Question 9

Is discrimination (race) based on ancestry?

Answer 9

Yes. (Espinoza). Citizenship or lack thereof in ant of itself is not prohibited discrimination.

Question 10

Which statute prohibits religious discrimination?

Answer 10

Title 7

Question 11

What religious practices does title 7 protect ?

Answer 11

o Includes all aspects of religious observance and practise, unless employer can demonstrate that they are unable to reasonably accommodate an employee or prospective employees’ religious practise without undue hardship

Question 12

What is the SCOTUS definition of a religion?

Answer 12

o SOCTUS defines religion in a non title VII case as a sincere belief that occupies a parallel to God in traditional religions

Question 13

What aspects of sex does title 7 protect?

Answer 13

• Sex includes pregnancy, childbirth, related medical conditions, sexual orientation, and gender identity

Question 14

What is the threshold for title 7 to apply to an employer?

Answer 14

15 or more employees

Question 15

Do interns count as employees?

Answer 15

No

Question 16

Do volunteers count as employees?

Answer 16

No

Question 17

Do contractors count as employees?

Answer 17

No

Question 18

Does title 7 protect against retaliation?

Answer 18

Yes, in some circumstances

Question 19

What does the ADA prohibit?

Answer 19

Disability discrimination

Question 20

What does the ADA prohibit exactly?

Answer 20

“a qualified individual on the basis of disability”

Question 21

What is the threshold for the ADA to apply to an employer?

Answer 21

15 employees

Question 22

What does the ADEA prohibit?

Answer 22

Age discrimination (of those over 40)

Question 23

What is the threshold for ADEA coverage?

Answer 23

Employers with 20 or more employees

Question 24

What does sec1981 protect against?

Answer 24

Racial discrimination in the formation of contracts

Question 25

What is the threshold of sec1981 application?

Answer 25

None. It can apply to any employer of any size

Question 26

What is the verbiage of sec1981?

Answer 26

- All persons in the us shall have the same rights to make, sue and enforce contracts with the equal benefit of the law as enjoyed by white citizens.

Question 27

Does sec1981 protect canst retaliation?

Answer 27

yes, In some circumstances

Question 28

What does the EPA protect against?

Answer 28

Wage discrimination based on sex

Question 29

What is the threshold of the EPA?

Answer 29

None. Applies to any employer of any size

Question 30

What is the pregnant workers' fairness act?

Answer 30

- Requires employers to make reasonable accommodations for those with limitations related to childbirth, pregnancy, and related medical conditions

Question 31

What is the limit on the duty to accommodate in the PWFA?

Answer 31

- Duty to accommodate so long as it does not impose undue hardship upon employer

Question 32

what is the threshold of the PWFA?

Answer 32

Employer must have 15 or more employees

Question 33

What does "national origin" refer to? (Espinoza)

Answer 33

Place of birth, not ancestry

Question 34

What does "race" refer to? (St. Francis)

Answer 34

Ethic characteristics and ancestry

Question 35

Is discrimination based on treatment of a group or an individual?

Answer 35

Discrimination is based upon a person's individual characteristics. It is not based on the treatment of a group as a whole.

Question 36

Does the ADEA allow for an employer to require an employee to retire at 65?

Answer 36

Yes, but only as long as the employee has retained their position for at least 2 years.

Question 37

Does the ADEA allow for mixed motive claims?

Answer 37

The ADEA does not allow for mixed motive claims. Age discrimination must be a but-for cause of disrimation. Any other motive is acceptable.

Question 38

Are employment agencies and labour organizations liable under title 7, ADA, ADEA, and sec1981?

Answer 38

yes

Question 39

Is a supervisor personally liable for the discrimination they inflict?

Answer 39

Generally no, but it can depend

Question 40

What entities are exempt from anti-discrimantion statutes?

Answer 40

o Indian tribes – title VII protects favoring Aboriginal workers of the employer is on/near a Aboriginal reserve o Some tax-except bona fide private membership clubs are excluded form the ADA and Title VII o Foreign employers within the US are generally bound by these statutes, unless a treaty allows the forigin company to favour its own nationals o US companies operating within origin countries are also prohibited from discriminating against US citizens under Title VII, ADA, and ADEA, but NOT sec1981

Question 41

Is an independent contractor protected by the ADA, ADEA, and title 7?

Answer 41

Usually no

Question 42

Are independent contractors covered by sec1981?

Answer 42

yes

Question 43

Are partnerships subject to anti-discrimination suits?

Answer 43

Partnerships are subject to anti-discrimation protections ,so long as they meet the employee number thresholds.

Question 44

How to determine if a worker is an employee or contractor?

Answer 44

The common law control test is to be used in determining if a workers is an employee or contractor