Title 7 Flashcards
(23 cards)
Applies to?
ERs w/ 15+ EEs.
———–
7 Disabled Girl FRiends are too ‘++++’ many.
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Title 7
ADA (pub serv) [emp = 15+]
Gina
FcRa
Who administers?
EEOC
What is protected under Title 7?
Retaliate &
Preg
Orig.
Race
Natl.’
Sex
Religion
Color
———–
FCRA = Retaliate PORN’S CHARM
State the timeline for a Title 7 claimant.
300 + (can ask @ 180) + 90
300 days of adverse action
180 days can request rt to sue ltr
90 days to file in Fed Ct.
7, ADEA, ADA + Gina
What is the statute of limitations on a Title 7 claim?
300 + 90
Ledbetter, each payck = new.
vs. 1981 = 4 yrs.
Indiv Supervisor?
No.
———–
It’s unSEEMly to sue 1 indiv for 3 non-official colors.
flSa, Epa, Erisa, fMla (no public official)
1981 + 1983 (if under color of law)
When is Employer’s liability automatic?
- If knew or should have known
- Super took tang emplymt action.= Employer automatically liable.
What defense is available to a Title 7 LG?
Faragher
ER used reas care to prevent by having open door policy. EE did not speak up.
When is no defense available to a Title 7 LG?
If tangible employment action against EE were taken by Super.
What are 2 types of Disparate Impact?
Pattern or Practice.
Unintentional
What 4 things are established in Prima Facie Case - Disparate Treatment?
- Member of protected class
- Adverse employment action -
a) serious & material change
b) reason person - Qualified
- Similarly situated to comparator in all material respects. Same:
a) Standards
b) Supervisor
c) Stupid conduct
What 4 things are established in Prima Facie Case - Harassment?
Harassers are SPURS
1. Severe + Pervasive.
2. Unwelcome.
3. Responsibility of ER. [Auto liab for supervisor, contingent on knew or shd have known for others.
4. based on Suspect class.
Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?
No UNLESS claiming retaliation.
Discrim = Motivating factor.
Retaliation = But for
But for = ADEA, ADA + 1981
Who has burden of proof?
[Triple P cd sue Title 7]
‘P’rima facie, Legit, ‘P’repond, ‘P’retext
———–
1. EE prove prima facie by preponderance of evid.
2. Shifts to ER to articulate a legit nondiscrim motive for its conduct.
3. Shifts to EE to prove by preponderance of evid (more likely than not) motive is a pretext.
——-
B of persuasion never shifts.
———–
Also preponderance = State proof to DOAH that CP amendment is inconsistent.
State 5 defenses vs. claim of intentional discrimination?
What is EEOC looking for from ER?
- Engaged ldrship
- Policies dissemin.
- Demonstrated accountability.
- Complaint procedures in place.
- Training
State 1 defense vs. unintentional discrimination?
BFOQ - BUT, not as to race.
———–
Also avail in ADEA.
State 5 damages.
JEFF’s Lost Benes.
1. Jury trial.
2. Equitable relief.
3. Front pay (if can’t reinstate)/ back pay
4. Fees + costs.
5. Lost benes.
———–
Same in Title 7 & FCRA
What are the elements of a retaliation claim? - New 2021
- EE engage in protected activity.
- Employer took adverse action
OR
an action material if it well might have dissuaded a reason worker from making or supporting a claim of discrim.
Retaliation - What is the participation clause?
Participate unfettered regardless wh/ has good faith belief.
~how remember?
– you can PARTIC in a dance w/o your heart in it.
– to OPPOSE - must be invested.
Retaliation - What is the requirement to assert a Opposition claim?
“O”pposition = “O”bjectively reasonable
you can participate wh/ you’re into it or not, but to oppose you’ve got to believe it
———–
Objectively reasonable GF belief
How prove “Similarly Situated in all Material Respects”?
Prima Facie: MAQS in all Mat Resp.
1) Member
2) Adverse
3) Qualified
4) Similarly situated
Similarly situated to comparator in all material respects. Same:
a) Standards
b) Supervisor
c) Stupid conduct
What other theories of recovery offer Title 7’s damages?
- JEFF + Lost Benes
- Title 7 + FCRA
What are the 2 last names, re: Title 7, that cannot get mixed up?
Ledbetter - S/L starts every paycheck.
Faragher - open door policy defense
