LEB Exam II Review.docx - LEB Exam II Review EMPLOYMENT LAW Golden Rule Treat people the way they want to be treated Employment Discrimination Law o

LEB Exam II Review.docx - LEB Exam II Review EMPLOYMENT LAW...

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LEB Exam II Review EMPLOYMENT LAW Golden Rule: Treat people the way they want to be treated Employment Discrimination Law o Civil Rights Act – Title VII Prohibits employment discrimination if race, color, religion, sex, or national origin Sex discrimination Religious organizations can discriminate based on religion Procedures – EEOC Can’t go directly to court Can file suit after EEOC and TX workforce have concluded investigation Proving discrimination – “disparate” treatment/impact Private Companies discriminating/mistreating employees o Intentional Discrimination Disparate treatment Explicit exclusionary policy Substantial contributing factor Circumstantial evidence Prima facie case – need this to go forward (P must prove) Employer rebuttal – plausible evidence of a nondiscriminatory reason Sexual harassment Quid Pro Quo Hostile environment o Language o Repeated advances Employer liability (supervisor) o Special defense No tangible job detriment Company policy with clear procedures Employee does not use procedures o Constructive discharge o EPLI insurance Redd v. State Div. of Parole Disparate Impact (Neutral on it’s face) Prima facie case o Must initially prove that the employment practice in question has adverse impact on the protected group Employers rebuttal (*unlike disparate intent)
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o Business necessity: 1. The challenged employment practice was necessary to achieve an important business objective 2. The practice actually achieves this objective Employee’s proof of alternatives – they lose unless they can show that employer could have used other means Recent trends – not very common today EEOC v. Abercrombie Dona Fide Occupational Qualification Defense (BFOQ) U.A.W. v. Johnson Controls o Affirmative action in employment To rectify the effects of previous discrimination Sometimes used by courts to force changes in a company Legal under Title VII Requirements: Must be a formal system, can’t be hoc Must be temporary Cannot completely bar hiring/promotion of nonminority workers Cannot hire or promote unqualified workers If the program in court-ordered, it must be based on evidence of discrimination o Summary Judgment: When a court dismisses the case without hearing arguments No issue of material fact Must look at facts in a light most favorable to the non-moving party (the one NOT seeking the summary judgment) o Age discrimination ADEA prohibits discrimination based on age (40 and over) Olson v. Northern FS Inc. o Persons with disabilities Disability – “physical or mental impairment that substantially affects one or more of the major life activities ADA Title I Employee Safely and Welfare o Workers compensation Insurance for job related accidents In Texas employers can opt out o Occupational Safety & Health Admin (OSHA)
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  • Spring '08
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