DISCRIMINATION NOTES - HA 387 B USINESS & H...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: HA 387 B USINESS & H OSPITALITY L AW P ROF . S HERWYN DISCRIMINATION When writing a brief: 1) FACTS look at the facts that we care about 2) ISSUE why is someone spending the time on this? Get the issue out of the case 3) HOLD what did the court say? Who wins? Protected Classes: A. Civil Rights Act of 1964 Title VII 1) Sex (=gender) 2) Race 3) Religion 4) National Origin 5) Color B. Age Discrimination and Employment Act of 1967 (ADEA) 40+ C. Americans with Disability Act of 1992 (ADA) Disabilities Sexual Orientation different in state & locally CANT discriminate: hire, fire, promote, demote Employment-at-will fire for no reason (biggest exception is protected classes) PROCESS TO SUE 1) File a claim with EEOC or State Agency (gets paid for every claim) I dont think I was rightfully fired 2) EEOC contacts employer saying someone was wrongfully fired investigation 3) Statement of position (employers story) 4) Fact find conference (EEOC or State Agency makes a call) (i) Issue Probable cause right to sue (ii) Probable cause, EEOC becomes plaintiff (mostly A cases novel areas of law) (iii) EEOC find no cause, still gets right to sue letter (i) & (ii) Merits (iii) Administrative Closing EEOC loves to SETTLE (agents get $ based on how many cases they settle) 2~3 years lag time from filing to resolution $2,000~15,000 to go through EEOC Merit Resolution when there is probable cause, plaintiff receives $ in the resolution Non-merits administrative closing (no case, right to sue), plaintiff receives no $ in the resolution Right to sue letter issued even if theres no cause Good employers extorted Good employees fall through EEOC cracks DAMAGES Defacto Severance this happens when those who are fired can easily receive $ if they accuse the company of discrimination. While this may work for a while, there is the danger that everyone who leaves the company will expect a check to quiet them even if there was no discrimination. Back Pay $ you would have earned but you were fired Reinstatement get job back, but not really though Attorneys fees & costs WIN = pay a lot to lawyers LOSE = pay plaintiffs lawyers + your lawyers + back pay Civil Rights Act of 1991 punitive damages & compensation Court System File 1 st in District courts (there is at least 1 in every state) trail court Circuit Courts / Court of Appeals (11 courtsDC is 12 th , depends on region of US) Supreme Courts Motion to Dismiss even if every one of the plaintiffs claims is true, the actions WERE...
View Full Document

Page1 / 23

DISCRIMINATION NOTES - HA 387 B USINESS & H...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online