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employment discrimination outline

Remedies for Arbitrary Discharge – Mostly see Melanie’s outline. Employment at Will. Background rule that all employment is at-will unless otherwise specified. At will employment means that EEs can quit or be fired for any reason at any time. Montana is only state to require just cause (by statute). The outlines below can be viewed online or downloaded for later viewing. Please note that the Student Bar Association has not checked the content of these student-authored outlines for errors and misstatements. These outlines have not been reviewed by law school faculty. You should not rely on these student-authored outlines as legal authority. Dec 30,  · law school outline: employment discrimination Employment Discrimination. I. Common Law: At-will employment. A. Codified in Cal. Labor Code Private employment with no specified term can be terminated by any party upon notice to the other. 1. Contrary to most other industrial democracies, which have tenure system based on property tisismortcrit.ml: Travis Wise.


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Post a Comment, employment discrimination outline. Sunday, December 30, law school outline: employment discrimination. Employment Discrimination. Codified in Cal. Contrary to most other industrial democracies, which have tenure system based on property right.

Contract can specify a term. Express K. Implied K reliance on employment manual disclaimable or oral promises, so long as not too vague or indefinite.

Public policy exceptions. Whistle-blower statutes protecting employees from retaliation. Employer asking employee to do unlawful or perceived reasonable belief unsafe act. Discharge for exercising a statutory right or employment privilege. Older employee cannot be required to contribute more to a benefit plan than younger worker. Employee has a 21 day period to consider such an offer, and a 7 day recession period.

Rehabilitation Act of : Employers contracting with federal government must take affirmative action to employ qualified individual with disability. Prohibits discrimination against disabled by programs receiving federal money.

However, the health insurance may limit coverage of pre-existing conditions. Employer may discharge for coming to work drunk in accordance with uniform policy, but must allow RA leave for rehab for employee to treat alcoholism if employer would allow leave for employees with employment discrimination outline disabilities e. Post- offer, employer can require all employees to get med and drug exams if job-related and consisted with business necessity.

Therefore, vision problem corrected by glasses is not a disability because the limitation is not present. Unless employer regards p has having a disability, which means p qualifies regardless of corrective measures.

Examples: Education level, certification, physical requirements rationally related to job, etc. Protects the right to contract, including private, from discrimination motivated by race, regardless of which race is at issue. Requires intent. Right to jury trial. Cannot be used against Federal employers, but ok for state and local employment discrimination outline. Unionization : National Labor Relations Act.

Marital status: California law. OK to give veterans preference in employment. Immigration Reform and Control Act: Prohibits employment of undocumented aliens, and prohibits discrimination in hiring and termination on basis of national origin for citizens and aliens formally intending to be citizens.

Includes small businesses. Gender : Equal Pay Act of Men and women who perform equal work strictly interpreted must receive equal pay, unless difference is justified by system of seniority, merit, or production system, or any other factor other than sex, employment discrimination outline. Due process public employment : Strict scrutiny applies for race and national origin; Intermediate scrutiny applies for gender; Rational basis applies for sexual orientation.

Sexual orientation discrimination in housing and employment information. Employees cannot waive their rights under Title VII. Companies with 15 or more employees part time is ok for each working day of at least 20 weeks not necessarily consecutive in the current or preceding calendar year. Employment actions covered.

Treating people in a way which would deprive or tend to deprive any individual of employment opportunities, or otherwise materially adversely affect his status as employment discrimination outline employee, based on a protected classification. Hiring, including advertising citing preferences men only, employment discrimination outline graduates, students.

Terms, conditions, or privileges of employment Health insurance and other benefits, if provided, must be sex and race neutral. Discrimination because of protected class. Not purely secular view. Employment discrimination outline styles and grooming standards, time off for Sabbath. But RA includes excuse from union membership where that violates religion.

Title VII protects employees on the basis of religion and non-religion. Otherwise, benefits given to married male employees would be less comprehensive than protection afforded to married female employees in regard to the dependentsand less favorable to women employees with employment discrimination outline to pregnancy. That is a choice to be made by the woman. Prohibited because it treats women different then men. Exempting pregnant employee from performance standards may be sex discrimination against men.

But court has held that women cannot be terminated for being "too macho. National origin, employment discrimination outline. Facial discrimination : Express use of proscribed classification to treat people differently employment discrimination outline employment practices. Good cause, business necessity, neutral "plus" factor, and benign motivation are not defenses.

Nor is a valid generalization about a group, because VII protects individuals, not groups. Affirmative action. VII prohibits all discrimination, but the "spirit" of the statute permits AA.

Disparate treatment, employment discrimination outline. PW says that burden shifts to D to show that he would have reached same result absent illegal consideration. D must show legitimate reasons good faith and hiring "best qualified" not good enoughor attack statistics. Disparate impact. Neutral policies intent or motive not a factor which disproportionately treat groups differently Note: Court has not yet held if this analysis applies to ADEA. Acceptable for high-level professions, but not for lower level semi-skilled jobs.

This must be done with objective statistical significance. Each component is analyzed for impact. Horizontal testing program requires employees to take all tests, and then scores are combined.

Analyzed as a whole, as one employment practice. Nepotism and relationships. Secretive or very informal hiring procedures often indicates problems. Ten days disability leave max would disparately impact women who give birth to children, unless business necessity. Business justification employment discrimination outline is a defense, if D can show that the practice has manifest relationship to job performance i.

Reasonable accommodation required if employee cannot comply due to race-based disease skin condition that predominantly affects blacks. In other words, a lack of sensitivity is not actionable, nor is a single isolated incident.

However, if the allegations are made in non-judicial proceeding, employer can sue for defamation if suit is not retaliatory. Burden: Prima facie case. Seniority bona fide system. Defined: System which gives employees increasing protection or benefits as tenure passes. System must be formalized, employment discrimination outline, and not fundamentally different from common seniority systems. Defense applies both to pre-Act and post-Act systems.

COA exists when hired, subject to system, or injured by system. D rebuttal and defense. Dissimilar treatment of similarly situated persons who do not have characteristics in question. Private employment. Clock begins employment discrimination outline at time that the employee has a cause of action, employment discrimination outline, i. Usually this is when the employee is given notice of the action, i, employment discrimination outline.

Factors include subject matter, frequency, and degree of permanence. State : File claim with state equal employment opportunity employment discrimination outline within days, or with EEOC if no state agency. The day limit means that really you have to file within days, in order to allow for the 60 day state limit to pass.

CA gives filers the option of filing with both state and EEOC, and having CA relinquish automatically, so that filer has choice of jurisdiction. No time limitation on when EEOC can bring that suit. Such a suit would preclude a private action, and p should intervene in the suit.

Federal Court. Public employment. Employee complains to federal agency. Formal hearing within the agency. Appeal to EEOC. Private action in federal court if EEOC affirms agency decision. Injunctive relief. Prohibit employer from continuing acts.

 

Sample Essay on Racism and Discrimination, with Outline - Gudwriter

 

employment discrimination outline

 

Remedies for Arbitrary Discharge – Mostly see Melanie’s outline. Employment at Will. Background rule that all employment is at-will unless otherwise specified. At will employment means that EEs can quit or be fired for any reason at any time. Montana is only state to require just cause (by statute). Dec 30,  · law school outline: employment discrimination Employment Discrimination. I. Common Law: At-will employment. A. Codified in Cal. Labor Code Private employment with no specified term can be terminated by any party upon notice to the other. 1. Contrary to most other industrial democracies, which have tenure system based on property tisismortcrit.ml: Travis Wise. This outline comprehensively covers everything in my Employment Discrimination class. The class was taught by Professor Eric Schnapper who has argued 19 cases, many of those employment discrimination cases, before the U.S. Supreme Court.