What are constitutions, statutes, executive orders, administrative rules and common law?
100
The focus of the common law test of the employment relationship.
What is right of control?
100
The limitation or denial of employment opportunity based on or related to the protected class characteristics of persons.
What is employment discrimination?
100
Want ads, employment agencies, word of mouth.
What are recruitment methods?
100
The two sources of challenges to affirmative action.
What is Title VII of the CRA of 1964 and the U.S. Constitution.
200
These employees enjoy more fundamental protections of employment law.
Who are government (public) employees?
200
The starting point for a claim of discrimination is to show a prima facie case, or a showing by the plaintiff that discrimination is a plausible explanation for denial of opportunity.
What is a prima facie case?
200
Race, gender, ethnicity, national origin, age, disability...
What are protected classes?
200
The common law legal doctrine which makes employers liable for harm done by employees in the course and scope of their employment
Any procedure that seeks information about an individual’s impairments or health
What is a medical exam?
300
When the employer used both a protected class characteristic AND a lawful justification to deny opportunity.
What is a mixed-motive case?
300
Used to verify information provided by candidates and to determine whether any disqualifying factors exist
What are background checks?
300
A compelling government interest and measures that are narrowly tailored.
What is the strict scrutiny test under the U.S. Constitution?
400
Absent a contract, an employee has not right to continued employment and may be terminated for no reason at the will of the employer
What is at-will employment?
400
Common law test, economic realities test, hybrid test.
What are tests for independent contractor vs. employee?
400
When the employee believes she was denied opportunity based on a protected class, but the employer claims the decision was based on a sound justification.
What is a pretext case?
400
Truth is an absolute defense.
What is defamation?
400
Transfer, reassignment, leaves of absence, closer supervision, termination, reprimand, demotion.
What are remedies for harassment?
500
Public vs. Private Employment, union vs. non-union, employer size, geographic location, industry and occupation, contact with the federal government.
What are factors that determine which employment laws apply?
500
The sources of an employer's obligation to disabled workers.
What are the ADA and the Rehabilitation Act?
500
The disproportionate limitation or denial of employment for some protected class group that results from the use of a “neutral” requirement or practice that “is not job-related and consistent with business necessity”
What is adverse impact?
500
When actions relate to the kind of work that they were hired to perform
What is scope of employment?
500
When an employee is subject to harassment so severe and pervasive that a reasonable person in her position would have no choice but to quit.