EmpLawMidterm

• Intentional discrimination
• "singled out"
• Direct evidence

• Doesn't need to be intentional
• Applies to a "class" of people
• Indirect evidence

• 1) Plaintiff must show defendant had some requirement that was "facially neutral"
• 2) Plaintiff must prove action has a disparate impact on a protected class - use STATISTICS

* Defendant can prove policy is truly job related, then policy will be OK

• 1)  Plaintiff proves they belong to a protected class (race, color, religion, sex, national origin)
• 2)  Plaintiff proves they are qualified for the job
• 3)  Plaintiff proves they suffered an adverse employment action
• 4)  Plaintiff proves they were replaced, preferably by someone of a different category.
• * if defendant can prove a non-discriminatory reason for their actions, case is lost by plaintiff

• Reinstatement
• Injunction
• Back Pay
• Front Pay
• Compensatory Damages
• Punitive Damages
• Attorney's Fees (fee shifting)
• Reimbursement of costs/expenses

• 1)  Plaintiff goes to EEOC and files charge of discrimination within 180 days (300 days in NJ)
• 2)  Defendant files a statement of position (responds to charge)
• 3)  Mediation program - tries to settle case, both sides must agree
• 4)  Investigation of claim by EEOC
• 5)  Determination by EEOC of cause or no cause
• 6)  Right-to-sue letter issued to plaintiff whether cause is found or not; allows plaintiff to file suit within 90 days
• * Employer must have 15+ employees

New Jersey Law Against Discrimination - gives employees 2 years to file a discrimination lawsuit, so NJ doesn't need EEOC

Companies and unions, collective bargaining agreements

ER/EE direct relationship; protects workers who don't have unions; CIVIL CASES

Goal = settlement of case outside of court; mediator cannot force parties to settle

ER v. Union; makes decision for both parties; binding or advisory

Permission to have your case heard by Supreme Court; usually only granted to very serious cases like those involving death penalty

Lawsuits, court system

• 1 - All courts should follow their own prior decisions
• 2 - Lower courts must follow higher courts' decisions

Dispute over terms

Tort Law - 49 states follow, only Louisiana does not; developed over centuries from British common law

A stated reason is false

The level of proof required for employment cases; 51% or better, otherwise case should go in favor of defendant

Highest federal court, 9 justices appointed by president and confirmed by senate; lifetime appointments

(Appellate Courts) Middle Federal court, arranged in circuits, 3 judges per case

Lowest level of Federal court system, trial court, 1 judge, can be bench or jury trial

Highest NJ court, 7 justices; appointed by governor, approved by senate to a 7 year initial term; may be reappointed and granted tenure until age 70

Middle level of NJ state court system, 3 judges review briefs

Lowest NJ court, trial court

• 1 - Contract
• 2 - Constitution (US or NJ) - only applies when employer is a public entity
• 3 - Laws - Title VII, whistleblower
• 4 - Common Law (Tort Law) - one party harms another through negligence

• EE files complaint
• ER files answer
• Parties go to mediation
• Discovery - interrogatories, requests for production of documents, deposition
• Motion for Summary Judgement filed by ER
• Trial - bench preferred for breach of contract
• Appeals - affirm or reverse & remand

• NJ Supreme Court, 1980
• Whether to create a public policy exception to employment-at-will
• Yes - based on a law, administrative ruling, or code of ethics

• NJ Supreme Court, 1985
• Whether certain terms in a company's employment manual may contractually bind the company (EAW exception)
• Yes - ER must include a clear and prominent disclaimer, otherwise an implied promise that an EE will only be fired for cause

• US Supreme Court, 1968
• Whether defendant's termination of plaintiff violated plaintiff's 1st Amendment rights (EAW exception)
• Yes - lies vs errors, termination illegal based on errors.  False statements NOT protected by 1st Amendment

• US Supreme Court, 2010
• Whether defendant (city) violated plaintiff's 4th Amendment rights via an unreasonable search & seizure (EAW exception)
• No - because the search was deemed reasonable, petitioners did not violate respondent's rights

• US Supreme Court, 1973
• What standard can be used to prove a Title VII case?
• Disparate treatment; McDonnell test created; reverse & remand

• US Supreme Court, 1971
• Whether an employer's policy that is facially neutral creates a disparate impact
• Yes - employer violated Title VII

• 1964
• President Johnson
• Outlaws discrimination on basis of race, color, religion, sex, or national origin
• Immutable characteristics (except religion)
• Federal law does NOT prohibit sexual orientation discrimination, but NJ law does

• Vioates Title VII on grounds of gender/sex; also violates NJLAD
• "unwanted sexual advances"
• Quid pro quo - when a superior demands sexual favors of a subordinate in exchange for work benefits; power imbalance
• Hostile work environment - no imbalance, but offensive remarks, things displayed, etc

When a superior demand sexual favors of a subordinate in exchange for work benefits; power imbalance

• No imbalance of power
• offensive remarks made, offensive items displayed, etc