In GA, an "at will employee" may be fired for any reason unless: (5) Right
Ans - 1- contract
2- union
3- NLRA Section 7
4- company handbook policy
5- discrimination
National Labor Relations Act, section 7 Right Ans - applies to all employees,
even "at-will". it gives employees the right to complain (on social media or
otherwise) in a "protected concerted manner" about either wages or working
conditions in an effort to reach out to others in the same situation.
what things are employees protected from being discriminated from under
Title VII? Right Ans - race, color, sex (gender/sexual harrassment), national
origin, religion
how many employees must a company have in order for the employees to be
protected under Title VII and/or ADA? Right Ans - 15 or more
what is a Bona Fide Occupational Qualification (BFOQ)/what was the example
used in class? Right Ans - Hooters got an exemption from Title VII saying
that they are allowed to/must use gender discrimination in order to protect
their brand
what is Title VII/who is it filed against? Right Ans - a federal statute from
the Civil Rights Act of 1964, (JFK proposed it but Johnson put it into law),
protects employees from discrimination, it is a civil action against the
employer, not the employee doing the harassing (based on respondeant
superior)
who to file a Title VII complaint with/how long do you have? Right Ans -
Equal employment opportunity commission (EEOC), you have to file within
180 days of the last discriminatory act
what happens after filing a Title VII complaint? Right Ans - EEOC
investigates and decides whether to file suit, if they decide not to they give
, you a "right to sue" letter, if they do nothing for 180 days of reporting, then
you can demand a right to sue letter
Harris case/what is it an example of? Right Ans - Harris was a woman
working as a manager for an equipment rental company, the president often
insulted her, in front of other employees, made sexual innuedos. she
complained to him & he stopped but continued shortly after. she filed a
complaint and won
quid pro quo Right Ans - "this for that", type of sexual harassment
discrimination
hostile work enviornment/two qualifications that must be met/what case is
an example of this Right Ans - type of sexual harassment discrimination.
must be severe AND pervasive. Waldo case is an example, was sexually
harrassed by male coworkers when working for an energy company, was
awarded compensatory and punitive damages
what happens if an employer retaliates against someone who files an EEOC
claim and/or those who help that person out? Right Ans - even if the
original claim had no merit, the person now has a claim
do employers have a duty to stop non-employees (ex: restaurant customers)
from harassing employees? Right Ans - yes
how must employers accommodate those with disabilities according to the
American with Disabilities Act/what are some disabilities excluded from the
act? Right Ans - reasonable accommodation, they do not have to
accommodate if it causes "undue hardship" (same w religious discrimination).
exclusions include compulsive gambling, kleptomania, pyromania
what damages can be recovered by a person who wins a claim based off Title
VII/ADA? Right Ans - reinstatement/back pay, two years from the date of
trial/damages ("front pay"), attorneys fees, punitive damages
who does the age discrimination statute apply to/how many employees must
an employer have to apply? Right Ans - applies to individuals aged 40+.
employer must have 20 or more employees in order for the statute to apply
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