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LEB 320F EXAM 2 QUESTIONS AND ANSWERS
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LEB 320F EXAM 2 QUESTIONS AND ANSWERS
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LEB 320F EXAM 2 QUESTIONS AND ANSWERSWhat is Professor Q's opinion on the Golden Rule?
- Q says you should not do the golden rule. You should treat other people the way THEY want to be treated. You have to understand other people.
- Golden Rule: treat others the way you want to be treated
National Labor Relations Act (NLRA)
- Recognize an employee's right to organize by forming unions and authorized these labor organizations to bargain collectively with employees (negotiate)
- Applies to all employers involved in or affecting interstate commerce
-Protects employees not independent contractors
Whats the most powerful weapon in terms of Unions?
Strikes
Title VII
- These provisions of the Title VII apply to employers, employment agencies, and labor unions, an employer is subject to title VII if it 1) has 15 or more employees and 2) is engaged in business that affects interstate or foreign commerce.
- State and local governments are also within the definition of employer, and their employment practices are covered by Title VII. In most instances, the federal government's employment practices are also covered.
Civil Rights Act- Title VII
- Prohibits employment discrimination of race, color, religion, sex, or national origin.
- Now includes: sexual orientation and identify
What can Religious Orgs discrimination on?
Religion, ministerial exception
Procedures - EEOC (EEOC is where you file suit)
- Can't go directly to court
- Once a court finds that Title VII has been violated, the court is empowered to grant an injunction prohibiting future violations and correcting past actions.
-Can file suit after EEOC and/or state agency have concluded investigation.
- If they deny the claim you can sue the company in court to overturn
Two ways of proving discrimination
Disparate Treatment and Disparate Impact
Disparate Treatment
intentional discrimination
Disparate Impact - a policy or ruling can impact one group more than another.
- Neutral on its face discrimination.
- But the consequence is discriminatory. Sometimes the intent is discriminatory.
Disparate Treatment (intentional treatment) steps
- Only need to show race/gender/etc was a substantial contributing factor
- Can show circumstantial evidence
- P must show adverse employment decision was discriminatory and must be proved be
preponderance of evidence (>50%)
- Then P must prove a prima facie case
- Pretext
Prima Facie Case
can check the boxes
If prima facie case proven...
then burden shifts to employer rebuttal- plausible evidence of nondiscriminatory reason (ex: poor performance, absenteeism, insubordination)
Pretext
excuse for intentional discrimination, often goes back and forth
Quid pro quo
Given a take for sexual favor for a raise, keep job, etc
Hostile environment
unwelcome sexual oriteated language or touching
Is a company is strictly liable for damages?
yes
What happens if a co-worker causes harassment?
liable if supervisor knows or should have known and did not take immediate action
What happens if a supervisor causes harassment?
Company is liable for superiors actions
Special Defense (must prove all three)
1) No tangile employment detriment (submission to sexual advance does not preclude detriment)
nothing happened to them like firing, pay cut etc.
- Could even be if someone decided to take night shift- aca less pay, so she had no other choice to get away from bob. (constructive discharge)
2) Company policy with clear procedures and company makes quick/reasonable effort to address problem
3) Employee (unreasonably) did not use procedures
- Sometimes there's no good avenue: the boss was one that committed harassment, but
the head of HR is his wife. ~ constructive discharge
Okoli v. City of Baltimore
- Stewart was a director of an agency in Baltimore who hired an African American lady named Okoli as an executive assistant.
- Makes make sexual commments like getting in a jacuzi with her daughter and touched
her.
- She sued for title 7 quid quo pro, hostile work environment, and retaliation. - She ended up being fired because she told the mayor, but he said he fired her because she made typos.
- Judge said that it wasn't enough. Just three to four instances over a five month period and no physical threat.
- Okoli appealed
-Was sent back down.
Employment practices liability insurance (EPLI)
Type of liability insurance covering an organization against claims by employees, former
employees, and employment candidates alleging that their legal rights in the employment relationship have been violated.
What type of insurance do business owners have?
- business owners have general liability insurance
-Someone slips and falls
- If employee they have falls workers comp insurance
- Not with sexual harassment
Employer's Rebuttal
Business necessity: 1) the challenged employment practice was necessary to achieve an important business objective, AND 2) the practice actually achieves this objective.
Everts v. Sushi Brokers
woman at sushi restaurant who was pregnant, voicemail from owner said she didn't want pregnant woman working there. She said it was "about her safety and of the child."
The court said they cannot allow employers to make safety decisions for a baby, that's the mothers job.
Bona Fide Occupational Qualification Defense (BFOQ)
- defense that all discrimination isn't bad
- Ex: boy auditioning for the role as Juliet.
- Does not apply to race, usually about gender
- Basic principle of Title VII- an individual should decide if a job is appropriate (if qualified)
Ex where BFOQ has been used successfully
- Only hiring women to work in a lingerie department
- Only hiring a man to work in the male bathroom as a bathroom attendant
- Hiring only women in labor in delivery department
Hooters only hires women as servers
there have been two cases on this but in both cases they settled out of court, so it's never been answered. Open Ended question.
Age Discrimination
- ADEA prohibits discrimination based on age (40 and over)
- Age must be motivating factor
Exceptions of age discrimination
pilots and bus drivers
Persons with Disabilities (ADA)
- Disability- "physical or mental impairment that substantially affects one or more of the major life activities"
- Employers are required to make reasonable accommodations
-Practical consequences: Obesity and Being a jerk
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