Have regular hours salary schedule Employee but clearly not in the scope you

Have regular hours salary schedule employee but

This preview shows page 44 - 46 out of 53 pages.

Have regular hours, salary, schedule Employee, but clearly not in the scope, you are not. Sometimes principals are liable for their employees deviations Lazar v. Thermal Equipment Employee but criminal act- principal usually not liable but for civil Independent contractors—lump sum of money, own their own tools, have other relationship with principal as well--rarely liable. Not applicable to social security taxes, discrimination laws, state worker compensation laws, Liable if ultra-hazardous activities and non-delegable duties Respondeat superior: If an agent signs an agreement on behalf of a principal, are they themselves responsible for honoring the agreement? Not usually If they sign the agreement without any type of authority When the agent acts with only apparent authority, their liability is to the principal The agent can chose to assume liability for an agreement agents are personally liable if they make a contract and fail to notify the third party that they are acting as an agent agent is liable if they do not disclose the principal’s identity agents are liable if they claim to be acting on behalf of a principal that does not exist partially disclosed principal: agent is also liable in addition to third party and principal Discrimination Until 1964, no laws prohibited companies from discrimination Civil Rights act- prohibits employers from discriminating on the basis of race, color, religion, sex (gender) or national origin Does not apply to companies under 15 people Companies can hire only US citizens and is not discriminating Sexual orientation is not included
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Religious organizations may discriminate in favor of members of their faith Disparate treatment case - employer intentionally discriminates against Civil Rights Act company is not hiring/promoting “people like me” Punitive and compensatory awards Proof of this is when the plaintiff demonstrates prima facie: by proving facts from which intentional discrimination can be inferred, company can try to prove a business reason why that was necessary and the plaintiff can then show a better alternative that is not discriminatory Can be a sexual harassment case (2 types) Quid pro quo- supervisor makes unwelcome sexual advances and implies/says that a tangible job benefit is on the line Hostile work environment- severe and pervasive gender based hostility Anti-sexual harassment policy helps companies defend against a lawsuit Faragher/Ellerth Defense Redd v. NY State Division of Parole Disparate Impact- the company policy impacts groups differently Compensatory awards only Legitimate seniority systems cannot create a disparate impact but can constitute treatment if intentionally used to discriminate (isn’t this unintentional?) Bona fide occupational defense- allows companies to legally justify intentional discrimination
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  • Spring '08
  • BREDESON
  • Law, Government, Speak, Supreme Court of the United States, U.S Supreme court

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