BLAWTestII - I. Chapter 34 employment discrimination a....

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I. Chapter 34 – employment discrimination a. Everyone is a labor lawyer i. “fairness” b. We all know “they” are bad guys c. Key: Plaintiff always has burden of proof i. “preponderance of the evidence” 1. burden of proof d. Key: Rudeness, vulgarity, boorishness, immaturity are not actionable i. Employment discrimination laws are not to fix these e. The VII of CR act of 1964 i. One of many areas covered in Act. ii. “Commerce Clause” basis for extension – all private companies and unions with 15 or more employees iii. Any ‘employee” – part-time, undocumented, etc. iv. Covers all employment decisions – hiring, firing, (e.g. constructive discharge), promoting, job training, wages, etc… f. Discrimination i. Emotional word – definte it ii. Prohibits use of selected criteria g. Title VII process i. Equal employment opportunity commission (EEOC) – part of US DOL ii. Procedure – access vs “screening” 1. file a charge of discrimination with EEOC 2. EEOC investigates and “conciliates” 3. issues “right to sue letter” 4. 180 days to file your charge 5. federal court lawsuit under “federal question” jurisdiction
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BLAWTestII - I. Chapter 34 employment discrimination a....

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