HA 387 Slacker Review - HA 387 Slacker Review Rules for...

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HA 387 Slacker Review Rules for Title VII Claims Statute of Limitation If the state has an agency that deals with discrimination claims, statute of limitations begins of last day of last incident statute 300 days. If NO AGENCY – statute of limitation only 180 days. Continuing Violation If any incident occurs within time period, can bring forth all allegations to that date. i.e. if an employer calls and harasses on day 299, employee can file suit on day 300. If no call placed (no harassment), employee cannot file suit on day 300 (phone call starts clock back up (300 more days from last call) Technically, can bring all allegations forth (can go all way back) Damages Plaintiff must prove employee was malicious AND(?) reckless in discriminating If plaintiff proves employer was reckless and malicious, employer can prove following to keep 1. employer did not know he was illegally discriminating (unaware that conduct was against law) 2. BFOQ (employee was intentionally discriminating, but thought it was OK a. Gender, national origin, religion— NO RACE 3. Novel area of the law i.e. employer fired person who has contemplated getting an abortion 4. Employer had “good faith” effort to comply with law (supervisor ignored good faith efforts) a. Not an affirmative defense : plaintiff must prove that employer did NOT make good faith effort to comply with b. i.e. if hiring decentralized and “bad supervisor” made hiring/firing decision you are still liable (employee acting as agent of company—master servant law), but not eligible for punitives If P&C awarded— min $50,000, max $300,000 (depends on # of employees > 15)
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How to prove Discrimination Burdine-Hicks Model Plaintiff must prove prima facie (or defendant will win) (no evidence necessary at this step?) 1. Member of a protected class 2. Minimally qualified and have applied 3. Adverse employment action (fired/not hired) 4. position remained open OR ultimately filled by person not within their own protected class Defendant must articulate non-discriminatory issues (i.e. not enough experience) DOES NOT HAVE TO PROVE (!) Plaintiff in return can prove pretext and some evidence of discrimination (Hicks added pretext and evidence) Jury may infer discrimination if the defendant can only show pretext without further evidence of discrimination, but does not have to. (PLAINTIFF MUST SHOW PRETEXT—not enough to win alone) Pretext alone may be enough (if jury infers discrimination) Pretext + Discrimination Evidence— Plaintiff wins Mixed Motives Model 1. Plaintiff must prove gender/sex discrimination was substantial motive/factor in decision-
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HA 387 Slacker Review - HA 387 Slacker Review Rules for...

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