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Principal is rarely responsible for their torts▪They have irregular working relations and tend to be hired only when needed; do same basic job for a lot of companies ▪They are responsible for their own mistakes ▪If a lot of companies hire you to handle some expertise then you’re a contractor and you don’t create tort liability for company that hires you to do a job-Discrimination LawoBefore 1964, there were no laws that banned discrimination oA company under some circumstances may hire only U.S. citizens without illegally discriminating based on national origin. Sexual orientation discrimination is not considered "sex discrimination" under the Civil Rights Act. Sex discrimination under this law means based on gender only. Also, religious organizations may discriminate in favor of members of their own faith.-Civil Rights Act of 1964—prohibits discrimination based upon race, religion, nationality, gender. oCompanies who have at least 15 workers are not allowed to discriminate. Small companies have an exemption from this lawoLawsuits are either disparate treatment cases or disparate impact cases▪Disparate treatment cases—plaintiff alleges that the company is intentionally not hiring people like them or promoting people like them●If plaintiff has enough evidence to back up claims, the company is in serious trouble ●The available defense for company is bona fide occupational quality defense—this is exceedingly hard to meet. ●Juries have the option of awarding both types of damages—compensatory damages and punitive damages on top of compensatory damages●Harassment cases; most common type is sexual harassmento1. Quid pro quo (“this for that”)—supervisor says or implies that a tangible job benefit is on the lineo2. Hostile work environment--Conversations about sex, jokes with a sexual theme, and pornographic images are among the things that can lead to such a claim, though they are actionable only if "severe or pervasive."▪Disparate impact cases—plaintiff alleges that a company is not intentionally discriminating but it has policy in place that excludes some types of people over others●Ex: a fire station said that you have to bench press a certain amount of
weight or else you’re out of the running for the job and a woman couldn’t bench press that weight and she sued that the strength test had the impact of discriminating against women. ●To defend its policy, company has to meet the business necessity defense –has to convince the court that there is a strong business reason that makes itnecessary to test for the kind of thing that it’s testing for●Juries can only award compensatory damages; punitive damages are reserved for intentional wrongful acts●Companies will probably pay less here than in a disparate treatment case-Age Discrimination and Employment Act—applies to workers 40 or older-Americans with Disabilities Act—requires companies to make reasonable accommodations for