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Free speech in the Workplace Notes Week 1-9

by: Lisa K

Free speech in the Workplace Notes Week 1-9 Com 172

Marketplace > University of California - Los Angeles > Language > Com 172 > Free speech in the Workplace Notes Week 1 9
Lisa K
GPA 3.8
Free speech in the Workplace
Keith Fink

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Detailed notes of the class Communication Studies 172.
Free speech in the Workplace
Keith Fink
75 ?




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This 27 page Bundle was uploaded by Lisa K on Wednesday June 3, 2015. The Bundle belongs to Com 172 at University of California - Los Angeles taught by Keith Fink in Spring 2015. Since its upload, it has received 92 views. For similar materials see Free speech in the Workplace in Language at University of California - Los Angeles.


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Date Created: 06/03/15
April 1 2015 at will employment doctrine US labor law for contractual relationships in which an employee can be dismissed by an employer for any reason that is without having to establish quotjust causequot for termination and without warning a guy in cardinal in gold 32 Aaron Hernandez jersey just for wearing that they can get red at will is HORRIBLE for the employee and good for the employer you can get a contract to delineate from being red without a just cause Lifeguard video clip having fun in work out t and 14 employees all got red lifestyle discrimination califomia is one state that gives protection to off work independent contractor sexual harassment 801b asian girl server at a club 500 a bottle bill should come to 4000 but it comes as 4800 with service charge she gets red for drinking on the job didn t know baileys was alcoholic had a good claim if she was red for drinking on the job then a male should as well disparate treatment claim treated differently in same situation men can be harassed as well hostile environment claim assumption based on the physical appearance dress codes come to work not wearing a bra wear a kurta indian clothes social media Deshaun Jackson Win the sperm lottery to be born in santa monica gt watts play for the eagles does a lot with his hands gang signs eagles let him go and he went with the redskins backdrop of aaron hemandez too much of a liability can employers re you looking at social media posts DEPENDS religious discrimination loyalty oaths should you have to swear allegiance context of public employment founder of singapore died l53rd on free speech index singapore is supposed to be a a great place but you have no free speech rights arrested for public demonstrations american beauty Brad Dupree layoff guy works there for 14 years why should he stay ordinary guy with nothing to lose why not sue contingencylawyer gets a percentage if you win lawyer advances all the costs litigated for year defendant 500000 company s name is smeared because that is embarrassing 200000 cases that he cannot win will pay 50000 to have Brad go away if Brad sues and loses the lawyer takes the 500000 expenses does not lose anything a severance one year salary with benefits settlement agreement with a release he cannot sue the company ALL CLAIMS paid in consideration for that have to watch out for settlement agreement have to read it confidentiality non disparagement of the company too broad of the claim can sue for defamation they are already covered by the law of defamation given them the ability to sue for disparagement if they claim to be can be oral and gesture General no on nondisparagement Insurance EPLI employment practices liability insurance small restaurant one lawsuit the margins are too small and cannot afford it insurance pays for termination sexual harassment lose a case what are the consequences can be sued malicious prosecution slapp motion strategic lawsuit against public participation it is not entirely true that there is nothing to lose filing lawsuit is mistake or a benefit to getting a job drooling and making sexual harassment comments too small the letter no one sees and if it works then get the money haunt you for the rest of your career even if they are they know that you won the case that you are a litigious person they sued the prior employer so they can do that to you independent contractor if you want to be a law clerk how do you want to be paid employee with w2 or cashillegal issue 1099 FICA and general withholdings bad things about being independent contractor conned you don t get minimum wage many rights pay your own medical bene ts do not get workers comp not protected because of unionization purposes hairdresser independent contractor so you cannot sue the company if she messes up your hair there is no money if you sue the person how to sue make the hairdresser into an employee friend sued the girl and company claiming emotional distress got Fink s depo raised personal things and embarass Common law test right to control IRS or different agencies use subfactor receptionist works for the company lady offers tea and drinks smock purchased by company magazines cuts against being an independent contractor can make an argument that hairdressers are employees Independent Contractor is a big risk get EPLI even if a IC ESTRADA LA Bikes brings food to house charge delivery charge who has the Right to control LA Bikes has the right to accounts 37 million they will fold settle for a seven figure or less three aspect liability damages collectivity exotic dancing clubs hustle for money right to control is sapphire have general parameter and advertising they are employees what can happen at the club there s a potential to be touched and go into a secret room does not mean that she consented to seX rape assault and battery civil claim sexual harassment claim intentional in iction of emotional distress at will employment settlement agreement at will employee did not get two weeks why red because she was going to law school did not want a lawyer working for them her job was a data input for company paid 2000 month hours 1098 do not get paid overtime because of salary you are entitled to overtime they are worried that they misclassified you and you are not compensated for overtime wrongful termination need a proof by circumstantial evidence to get fired rescission letter rescinding the contract consideration were to be paid weeks ago rescinded file a class action execution to at will swallowed the rules easy to blow away at will doctrine everyone needs insurance insurance good for company to have EPLI if they tell employees they are getting sued insurance companies do not care about you do not want to take a risk cap the exposure insurance companies will work for you if you are trying to sue a company with EPLI want to be a hard ass and say i committed racial discrimination and sue you need to read insurance policy consent provision negotiate no settlement unless the company consents hammer clause she wants 100000 don t pay over 100000 is your responsibility labor code 2802 everything incurred in course of employment mile eXpense has to be paid clothing has to be reimbursed you are red you must be paid all wages the day you are red quitting you get no unlawful termination suit intolerable use it or lose it is illegal can have a cap two weeks a year and cap two weeks draw down on your two weeks before you start accruing again vacation time cannot be taken away shit out of luckstatute of limitations on wage and hour claims is technically 3 but actually 4 17200 claim statute fraudulent business practice if you plead 17200 claim no good deed goes unpunished farmers insurance 90 million they could collect sued for malpractice all lawyers have malpractice insurance pleaded three years one year less if someone quits 72 hours to make the payment nondisclosure agreement work for hire 1099 what you create for employer that is their property arbitration agreement a contract in which you agree to bring any legal claims you may have against your employer to arbitration rather than filing a lawsuit in court contingency exists so you do not have to pay anything if the lawyer wins arbitrator is the hired lawyer or judge jury will most likely side with the employer better for the employer arbitrator thinks that claim is viable having an arbitrator is better for the company liabilitylost damagesmonopoly money for jury can make up any number arbitration is not in our interest gt quot law f1rm you want the dirty laundry aired out in a public court no April 8 Week 2 Indianapreserve ability of business not to act inconsistently with her religious beliefs business that are religiously against gay marriage do not have to make a cake with two men kissing students in Oklahoma singing a racist song students were suspended for a 9 second song off campus free speech claimed leading a racist and exclusionary test that creates hostile environment woman athlete student says fuck that nigga she wants to graduate and have one quarter left ucla newspaper says ucla should emulate oklahoma and should have mandatory diversity difference between a white and black student using the word unemployment classification independent contractors if you have a secretary and call them a executive assistant paying a salary and not hourly taking directions always gardener is an independent contractor because he has the right to control read p9 however it gets done if it gets done he gets paid own a business recent violation misclassify violation public shaming requirement for one year labor code violation code 203 210 218 unemployment penalty and interest significant run a business do not misclassify employees Job interview Can the employer ask any questions certain protected cannot ask if they are US citizens or marital status religions age imprisonment ways around asking questions what languages do you speak asking about imprisonment policy facially neutral question disproportionate impact less minorities will be hired under this policy at will employee bad for you and good for the employer progressive discipline bad for the employer good for employee p 37 first time you make a mistake you get a small warning then a written warning and suspension inconsistent with notion of free will should not mention as employer if you do not have progressive discipline no one will want to work for you you can have the policy but not lock it in writing certain whistles and procedures labor code 11985 you have the right to ask your employer for the copy of your personnel le within 30 days get it soon so they do not change it people pad les people are not in high standards go back and back date disciplinary les less chance they have lawyered up or any chance that they know of your legal issue de nition of personnel le WELLPOINT CASE is very broad claim to have done independent investigation product privilege investigation was not independent any notes and statements become personnel le facebook mcgarby case p32 rst amendment does not apply because it is a private employer in this context you can not be red had all employees disseminated media policy you cannot speak to anyone in the media NLRB complaint section 7 and 8al violation to right to association this is a violation because you are organizing in connection to work conditions section 7 NLRA autoplant in wisconsin best dealer and come in wearing Duke 5 time national champions can be red at will no reason or bad reason but they can unless you gure out a way without labor code 2922 it would be too eXpensive to prove cause when ring creatures of legislation enactment lobbying NRA is powerful but people can lobby ways around at will employment contract only be red for cause how do you de ne cause should negotiate an employment contract with the other side a contract unless death disability or fortitude power in union collateral issue collective bargaining agreement what causes to let an employee go implying fact contract employer does not sign a at will contract only to be red for cause chickybaby works for radio PAYOLA les a complaint wrongful termination for a rebuttal requirement for becoming a host at casino need to have people skills but mostly have to be white people predominantly asians play EEOC highly educated black people cannot get jobs every minority felt empowered judge can keep out certain information emails with 11 word because it was a long time ago have to come up with other reasons racial discrimination indian student with ve master degrees in law school did not win a lottery because he is an indian male company hiring female black or hispanic for diversity sensitivity diversity sensitive is considered reverse discrimination forced him to quit Fink s dad work for engineering company for 40 years got re because rid of all high ranking jew as lay off presumption is at will but also layoff within objective criteria is legal violation of age and religious discrimination He is now a CEO and works for a salary of 1 dollar with stock options they re him come up with a theory securities fraud in response the company led a slapp contacting the SCC which is protected activity case gets frozen and lost by appeal stock goes down les for bankruptcy and the company goes down baseball player red sue dodgers at will race discrimination writing for another sport periodical when an employee gets red no one believes it is for poor performance they get in front of the mirror and look at themselves wearing a cross because of religion skin color etc exactly how the game is played employer will not tell you that reason you are red is a illegal follow the evidence to le this claim valet parker they should be red because he stole glasses he gives him a job at a hamburger place instead but he is not good his inlaw is working there and tells him that he is no good ordinary person with nothing to lose jimenez is hispanic and the owner is lebanese the owner wins the lawyer wins but everyone else loses get EPLI insurance to get rid of this risk burning policy have a claim certain amount of claim defense fees and clause anything above the cap the defence outside the limits insurance companies lawyers will not have your back get your own lawyer public policy jury duty overtime harassment you get red violation of public policy statutory leigh fundamental public policy that inures to the public football player for gay rights gets let go from the vikings vikings coach makes antigay comments phil robertson from duck dynasty does not believe in gay because of religion can lead to beastiality private employer so they can rightfully be red however they have a contract so they have to have a moral cause key is de niton of lack of morals marlins player punished says he does not respect del castro right across the border cannot invoke because it is a private employer rst amendment will not protect you got red and gure out legal claim damages you can get liability collectibility cannot claim at 800 degrees because you work minimum wage and you are young when youre old and you are red you have hit gold loss of earnings bene ts duty to mitigate all are emotional distress damages social media will kill you emotional distress claim is fucked if they see the photos from after you get red and le a claim wage an hour claim put in a nonexempt box loss of earnings emotional distress forensic psychiatrist 10000 interview and standardized test testimony and trial you hate your job wants to quit do not get red send a letter about harassment and put it in writing job protection put them on the defense sue them for sexual harassment and they cannot do anything intolerable conditions red someone if you want to get another job what would you like from your last employer reference they call the last employer and ask what kind of employee they were when the employer says something negative about the employee defamation caselabor code 47c for giving an honest reference Fink thinks that the law should make it an absolute exposure is too great saying something good is reverse discrimination re people with dignity someone that has a human connection to another should do the ring how to protect yourself with a suit severance package certain things that cannot be released age claim can be revoked in 7 days mass layoff employees have to be told warn a sixty day notice to layoff but american apparel did not do this just paid 60 days pay with a signing of the release slam dunk win if you do not sign the release with the statute because this is illegal sexual harassment is form of discrimination 2 types quid pro quo has to be severe and pervasive creative environment american apparel dateline video April 15th Week 3 civil rights act of 1964 harassment is a form of discrimination feminist movement false imprisonment and assault and battery for sexual discrimination attorneys fees american rule each side bears its own fees in litigation if you win your lawyer gets zero statute and contract encourage lawyers to make civil laws claims prevailing party law provision in important cases supreme courtclarence thomas president legal guilt and factual guiltwhen jury makes determination Clarence Thomas does not ask questions point is that it is a joke and the argument means nothing they have their opinion no matter what Is a woman not credible if she does not le a rape or sexual harassment claim someone does not want a black man on the US supreme court Harassment new talking about porn hostile environment claim accusations made on campus are decided on kangaroo courts which is dangerous Ted Kennedy Mary Peckney She did not die until hours later Ted did not call until next morning Manslaughter going after her name Herman Cain sued for harassment and does not know about his settlement agreement one was executed in the case involved in or not His PR team sucked crisis management that forge press to defame lawyers and take them out not credible compared to Thomas 2 types of harassment quid pro quo this for that hostile work environment employer is strictly liable for the supervisor gibber case schools you need the title 7 mericle thresholds califomia fair employment and housing act 5 person threshold sexual harassment only one employee and you can be sued you can sue the individual as well what is a hostile work environment severe and pervasive categories physical verbal and visual rape can only be once severe test pervasive minor then it needs to be more than once Baba Johnny s restaurantgeneral woman manager for five years sleeping for five years maritor savingsbank sleep with for 200 times we do not know who won reversed a stating and remanded the case for the district leverage is his wife and because he is married most before the suing occurs send a letter blackmail to settle the case with money before the wife finds out receipts for expensive gifts hotels will work against her the manager got fired because the girl was stealing and the accountant found out sued for theft lionel case you do know who won sue someone and you use you can get sued for malicious prosecution you can sue lawyers for defamation the lawyers will le a slapp the suers will beat the slapp but conversely both sides do not win Fink can win but didn t win anything company in calabasas cigars and cigarettes boss s birthday company decides to chip in and hire a stripper for him stripper surgically enhanced everyone has fun one of the girl employees she goes to a lawyer a hostile environment the photos are important photos prove she was enjoying the party and lying do not tell them that you have photos and texts have them lie and they are not credible and lose 60 s male 30 year old 10 an hour girl have seX 15 times friend of her mother s wife nds out shitcan her and she has to stay away from her work they cannot fire you after retaliation and the letter they want you to go so they will fire you and you can get settlement should not quit quid pro quo and hostile environment high pro le public people nance and wall street securities industry las vegas rm party alcohol at dinner employees and men and women sleeping environment at wynn suites someone kisses another and the girl pushes him away comes back to the workplace and confronts the person that did this man admits and ask for forgiveness lawyer cannot ask but can use it if given to him she says that she would come into work and sees cum on her desk but she wiped it off this is not credible you have the tape so you want the man to lie and say that he did not kiss her then you prove that he is a liar and the woman gets paid always sue the company and not the carrier can sue the individual cannot sue the supervisor of the individual severance package smartest settlement for the case labor code 2802 scope of employmentsettle you the employer must indemnify you for that cannot settle without the carrier s permission do not sue the insurance physical verbal and visual emails sent around workplace women having seX with animals 4 hispanic people forced to watch this man scratch balls in front of women taking tongue and waggle around nk deposing them but he wrote a letter harasser found a lawyer and they admitted but they were doing out of joy unless defense outside the limit it burns they can le for bankruptcy if you do not take the amount for the cap of insurance accusations that are not true vs 100 true claims no such thing as 100 true somewhere in between both sides reasonable claim looking at text and email that are corroborative with the claim as a plaintiff if there is no merit should not sue man who used to work for him quit now wants 1 million dollars check for his history in computer 7000 images of worst porn the man working for nk accuses the letter for being extortion the case worth nothing but he had dirt on the employer he went to the government and his money got frozen cookie history you can win cases with this women are frail gay porn is a bad evidence creative environment american apparel reading the lionel case lst amendment does not protect creative environment skism in law 1st amendment right with free speech circumscribing protect certain rights from workplace tension in the law lst amendment claims are usually shot down harassment claim brought human resources in pecking order are lower than a partner process is corrupt the guy on the name is harassing you go to the administrator neutral independent investigation requirements that have training dont quit your job but still working there no loss of eamings emotional distress damages security guard white smart sexually abused as a child anyone that looks at him cross eyed he sues he is fired he gets sued po pur exception to swallow the rule when you are an at will employee restraining order is provoking the man to shoot him the one thing that you cannot have is firearms the restraining order is only paper does not stop him faxes photo of 9 millimeter as threat city attorney is pissed 33 counts and goes to trial convicted violates restraining order again hostile environment sexual harassment is loose severe and pervasive which is a better sexual harassment claim supervisor calling a bitch or cunt the most gender animuscunt racial and religious claim is still severe and pervasive can be exposed by independent contractor americans with disabilities actusually good violation of disabilities act the toilet is not high enough in a restaurant you have to settle immediately on this should have a 90 day safe harbor 3rd party coverage is through disabilities suit does not t under legal category there is no federal law that protects on the basis generally of appearance generally the law does not protect you if you are or are not goodlooking miller sexual harassment can have a paramore but several women that you work with and give them extra bene ts the person that is not sleeping with you cannot have a sexual harassment claim April 22nd 2015 Week 4 administrative complaints p 142 EEOC complaint led in material exhaust administrative remedies DHTA complain or go to EEOC procedural requirement before ling a complaint right to sue notice 1 year to le a claim against a protected activity wage and hour claims exempt law doesn t enact a civility code for the test2 types of harassment harris factors same sex type harassment claim no equal opportunity derogatory term cannot say it is not harassment if he did it to a girl and a guy both may have a claim no fratemization smart policy generally yes illegal for a supervisor to have sex with a subordinate no nerely having sex is not if it is unwelcome it is illegal antinepotism policy I hire you I cannot hire your wife can be considered marital discrimination disparate impact and disparate treatment word of mouth hiring there can be a legal problem disproportionate impact type of activity social media post for a job can be discriminatory hiring practice outlook no older applicants advertisements in brentwood high class whites fair employment housing act noncompete deal job that says if you leave you cannot compete against them this is not legal you can sign that agreement business code 16600 califomia law some states allow this exceptionif you sell good will it is unenforceable french restaurant have a class hiring because they are french is considered discrimination this is illegal if title 7 kicked in they don t have more than 15 employees they can get away with it race not a bona de occupational quali cation permissible bona de occupational quali cation playboy bunnies mens clothing companies retire at a certain age female bathroom male to be a guard at prison jackie robinson lm on his life who would you cast african is this discriminatory artistic role so no tattoos no to tattoos legal unless he lets males and not women independent contractors employees right to control p9 why it is good or bad to be classi ed one way or another employer or independent contractor what do you want thai food delivery gets in accident independent contractor does not have insurance turned into employee you are in a world for hurt work for hire statutory employee in califomia misclassi cation violations public shaming penaltygtk gtxlt gtxlt gtxlt gtxlt classi cation difference between exempt and nonexempt 51 or more has to be discretionary paid overtime every paycheck is a violation you can bring claims even if you are not legal and dont have papers wrongful termination shit out of luck at will try to nd applied in fact contract longevity of service personnel policies or assurances wrongful termination of public policy disability marital status seX status military status etc quitting not a good idea to constructive discharge need to have intolerable condition and employer needs to know need to show what kind of damages can you get emotional distress statutory claims harassment can get attorneys fees free speech no reference worried about defamation because you only have a quali ed privilege ADA american disabilities act someone could be red for it minor violations in restaurants and sue for it statutory claims and attorneys fees if you get sued you do not own the building the owner should be liable contractual indemnity for any losses or connection to the defect in the building facebookfree speech can you shit mouth yes sometimes is you are concerned about the working conditionsv antimedia policy you cannot speak to the press no comment this is a violation NLRB complaint concerted activity no case names and section codes only concepts 2nd quarter May 6th 2015 disparate treatment different treatment in a situation that is the same band contract kicking a band member out of a band when he makes racist remarks in the social media cannot re if he is not at will so he is entitled to sue use a jury instead of an arbitrator because the common people will not allow racist jury noti cation texas muslim free speech convention antimohammed some guys came in and shot gun res protected speech for the rst amendment stickers that target african americans freddie stop whining restraining order ccp 5376 5278 initial dealt with natural persons workplace at dancing club the employer cannot get a restraining order the later is a functional equivalent can based on comments actions and seek to get a restraining order suffered unlawful violence of credible violence can le an injunction this is not easy has to be violence credible threat of violence pattern of harassment hire forensic psychiatrist to get risk orders this will make the jury most likely side with you public hearing will haunt you forever if you are convicted alvarez snider stevens case for the reading Snider V Phelps died in iraq family wants to have him rest in peace Phelps have something against homosexuals and commented god hates fags supreme court says that it is protected speech if you did not like the legislation you can create a law around it judicial branch alvarez case fabricated military record theft of honor elected to waterboard Alvarez claimed he was a retired marine shot and was decorated false claims verbal claim of the medal was false Theft of Valor Law police of cer impersonation you have actual harm because you can arrest people chapelle in Virginia case impersonating of cer have actual harm vs lies stevens case crushing a cat with stiletto statute was overbroad this they and overbroad what is different than child pomography ferbert this is not protected speech religion froze him out because of his jewish faith but the owner and coach was not red NHL black brown and jewish players are rare ghting is allowed protectors are there to protect stars tough guy could ght he almost made the 25th player but he was jewish was subject to racial comments he is an employee form of discrimination harassment hostile work environment religious harassment racial harassment severe or pervasive best thing he had for him was an apology if he did not do anything wrong why does he apologize demotion is not illegal can get red for anything but retaliation claim is not legal federal laws and state laws great state to be an employee in califomia title 7 federal law 15 employee to kick in state law can be 5 l for sexual harassment starbucks can only wear a jewish star and not a wiccan star robert vs ravenwoods church Deider vs London pagan religion does not have to be theistic in nature What is a religion sincere and meaningful belief that is paralleled to god ultimate ideas about life purpose and death veganism state level not a religion but EEOC found them as veganism was sincerely held as a religion orthodox jew want to take sabbath off you do not HAVE to give religious holidays off employer has to make a reasonable accommodation unless it is undue hardships adding hours to a day work more than 8 hours in a day you get overtime undue hardship more than minimus burden CWA vs hardison case can hire a nonj ewish lawyer cost is not a more than minimus ship swats exception to dressing and grooming 800 degrees adopt a policy no beards have to wear a beard cover as alternative decrease in ef ciency impacting safety at work impacting employees califomia adopted califomia workplace religious aad freedom act law would be more expansive not reasonable if includes segregation from general public or customers numbers of persons employed undue hardship in califomia is much more stringed head scarf and disney abercrombie look policy no study that look policy failure decrease sales lack of adherence that the correlation eXists undue hardship position was not meritorious pregnant woman stripping customer preference issue readings bona de occupation does not apply southwest only hires only attractive people defense that customer is at ease when they are helped by pretty people donald duck did not embrace a african american child went up to a white girl retention policy you cannot keep video tape will be proof punies and deterrence ode snto work because he is little so he will be hit with emotional distress statute protect third party that is unruh civil rights act protection for disney EPLI need third party coverage can also be dinged by american disabilities act miss califomia evangelical christian sued the pageant mentions settlementreach an agreement and mediationvoluntary mechanism that parties can at anytime engage in to reach a resolution does not have to occur with a retired judge or lawyer difference you need to know not illegal to talk about confidential settlement sued for breach of confidentiality but legally ok mediation privilege evidence code cannot be used in legal proceeding mediator cannot testify mediation is voluntary does not ask to disclose anything what was the motivation to settle can be easy answer too much money or i don t have time I want to reach a resolution May 13th 2015 Week 7 John Lennon Week 4 week 2 week 1 pasadena company that help out people in pasadena businesses someone got fired for google chat employee shitmouthing client she is ordinary person with nothing to lose she claims she was not given overtime or meal breaks exempt or nonexempt look for another job linked in is a professional community do not lie to seek employment when she says linkedin is true and it is false you re in trouble supervisor says she is discriminated against because they need to wear undergarments proof she lied is the parking garage look at computers lunch break receipts and emails she is found to be a swinger in emails emails said to her husband to have seX with people at notre dame the conversation lasted 8 minutes could be considered rest break harassment claim did not make sense because everyone had to wear underpants everyone treated the same the cavaliers video wife wearing a bulls shirt instead of a cavs shirt ALL IN halftime promotional video making light of domestic violence do we live in a society where we can t shed some humor on it poor taste she s apologizing for her own victimizations what should happen in a workplace should someone be red backdropray rice there should be discipline someone was fired on the mavericks for a tweet about a gun and a horse no one was fired he apologized but no firing government code 12951 a lady in fink s office only speaks spanish even though engish only policies are discriminatory of national origin cannot limit in workplace unless language restriction is justi ed by a language necessity employer has notified the employees when this restriction would be and what would happen if broken language restriction necessity to the safe and efficient operation of the business serves to business purpose no alternative practice will fulfill the business obligations gate gourmetinherited employees who clean out airplanes gets contract to clean the place policy of english only for certain crew denied the claims janitorial services for delta and laX prohibited at all times will be 100 discriminatory Ellen Pow chinese american took on venture capitalist firm in a gender discrimination case silicone valley husband investment banker getting sued effect the case Buddy Flescher several employment lawsuits getting paid millions of dollars Choose the employee who sues or one that has never sued unless you will get good amounts of money do not sue or let the lawyer steer you wrong lawyer fees fees taX will result in not much wages and harassment discrimination lawyers will label it emotional distress but provision is not tightened up there has to be a physical manifestation ordinary person with nothing to lose al gore party no women allowed women killed the buzz female chip on her shoulder chris warehouse case she was only junior and did not make it to partner she thought it was based on gender but was on performance you do not need documentation on firing but when you say she was fired on performance she lost based on performance reviews fighting a giant aggressive with money is not a piece of cake they are asking her to pay one million dollars in costs she got a settlement case for 900000 but rejected because it was not made in good faith why ask for a million when venture capitals have the most money percentage of women working in venture capitals 5 People in general view of gender matrix is not high in silicon valley publicity not a good reason but it shows others not to mess with them she can appeal if she wins on appeal the whole case can be unwound so they want to leverage a walk away CYA cover your ass potential consequence in not taking the walk judge has to decide if the frivolous groundless meritless very high standard CHRISTIAN BERG CASE defendant wins if it is not the same standards they only get fees if judge has decided if the frivolous groundless meritless if basically you can t get tagged you are ordinary person with nothing to loseif there is nothing to lose in filing a lawsuit civil rights enforcing our decision is important chill the exercise of civil rights you will get tagged with attorney fees of the other side the money you make in ten years higher standard popular opinions need no protection lst amendment is increasingly becoming offensive for that reason university you have the right to make offensive speech bakery with antigay message do you have to bake a cake with adam and steve you cannot based on seX race or national origin religious discrimination or can you say that it goes against your religion christian businesses attacked by gay advocates federal law does not protect sexual orientation not baking a cake for the gay couple you get dinged for not complying with sexual orientation emotional distress injuries 135000 dollars antigay slogans god hates fags did not put it on there second case the religious people lost you have to make them a cake so you are not discriminating but you do not have to write the message 420 marijuana s usage and effects 16 year old employee takes marijuana 20 and take medical marijuana company has drug test find out that he is under in uence of marijuana he is fired at will shit canned for reasons at home and not work participating in off duty activity lifestyle discrimination test 50 states patchwork of laws the state has to have a statute for lifestyle discrimination such as new york califomia supremacy doctrine split in the law in 23 states you can smoke but the feel good states state law officers cannot come after you but the federal law does not permiss marijuana usage he was not high at work and he was not a bad employee jury or judge jury marsh case delta airlines baggage handler for 25 years age discriminations implied in fact contract writes a letter that is critical of his employer off duty activity unfair working conditions the court says there is an implied duty of loyalty you cannot shit mouth your employer you can discuss with your coworkers this would be engaging in concerted activity record store good employee best salesman some customer finds out that he runs a website called 88 records that sells special records about the fourth right and neonazism owner finds out and this is off duty lawful to sell things on a website racist records Probably statutory exception bad media probably grounds to let him go because you will lose business lifestyle discrimination intended to apply to this fact pattern political speech homosexual smoker overweight delta case gay workers and antismoking at a place of employment get a rest break must be uninterrupted old school used to bring lunch pails lunchroom sticker confederate ag someone complained about the confederate ag because it is the representation of slavery to the boss racially offensive hostile work environment claim has to be severe or pervasive the man is proud of southern heritage political speech however it is at the workplace and not at home dickson vs coburt case cheerleader for the patriots out partying and is found with a picture of a hammered guy that has a swastika drawn on her she got red offduty lawful to have a marker and get drunk however it is bad media on patriots social media is a nightmare caitlyn davis she is screwed because her name typed in google she will not get hired she needs to change her name agent to have a pierced tongue red from the agency lifestyle discrimination claim statute was not intended to protect those who mutilate their body next week loyalty oaths red scare king was mcarthy May 20th Week 8 brandenburg test immediate eminent action clear and present danger ag expressive conduct ag protected in workplace school would be James harden fear the beard californias statute on religious discrimination muslims wearing jabs do they have to be accomodated undue hardship bona de occupation discrimination no head gear wearing a cap over the religious hat real religions sincerely held atheism counts bona de religion california expanded the de nition and cannot segregate or send them back include clothing covering the head accommodation is not segregation unless undue hardship it has to be more than de minimis burden signi cant dif culty or expense resources economic physical layout generally no burger king has to accommodate someone that wears a hij ab no facial hair reasonable reasons such as health and sanitary reasons such as a mask or face cover if there is no way to accommodate someone for safety or employee you do not have to make it fire ghter has to wear mask and the facial hair affects the ability to breathe in the mask then you not being clean shaven is a reason to not accommodate them lifestyle discrimination 96k 986 appeared to have no exceptions even if you are engaging in off during lawful activity balancing test priest go to the church and this priest is working caught in the UCLA bathrooms peeping through a hole and someone says he was jacking off in the stall it is not illegal to jack off unlawful indecent exposure but if it is lawful he works tweeting ryan moutin he was on the titans hemandez convicted of killing at least one person has friends that can snuff you in a second graduation bringing a mattress she says that she was raped police and school did not find enough merit in her claim she concedes that it was consensual at one point a lie spreads all around the world and the truth does not catch up is it legal to make whoever is in the cabinet swears oath that they are not a muslim swear oath to america stereotype of muslims do harm to america crispy cream donuts opened shop in forbidden city would they be happy about this duty is to zealously represent the client but you cannot because of the loyalty oath in china American Loyalty Oath mccarthyism sign a loyalty oath to America or you will be fired this violates right to conscience guilt by association accusation is not proof people were called in and browbeat for the claim of being a communist McCarthy claimed that he had a list of communists in his hand American Loyalty oath legal or illegal disclaimer oath you re not or have not been a member illegal nonbinding af rmation legal angela davis professor at UCLA that was red for her political af liation with the black panther and being a communist reagan said that she was not renewed for her contract means that she was red professor at UCLA Pablo Sanchez they need to have af rmative action his speech is protected by academic freedom lst amendment rights to free speech garsetti vs ceballos garsetti limit teacher s rights private employer you do not have a rst amendment right teacher of boston university public employer has more rights if someone works at Boston University not at will off work interest of public concern pickering test weighing speech vs interest of employer duke professor jerry hoigh did not like article in NY times about baltimore asian distribution in high university kenneth lewis happy mother s day to all the crackos out there state attorney of public concern legal test weighing the government s interest concerns of bias and appearance of justice his cases may be thrown out harris meridor hodum case high school guidance counselor teaches on the women s basketball team on dealing with students gured out advice with relationships wrote the book it s her fault eXploring use of seX appeal women should be submissive school board nds out he is not at will because it is a public shcool you want to re him because of his speech and the book pickering test speech of public concem relationship advice district court said that this is not a public concern balancing test he lost public concern does not have to be of exceptional signi cance or transcendental importance write a book that men should not be with men atlanta re chief kevin cochran red for his faith who told you you were naked written on his free time thoughts to counter to biblical teaching the city red him for wrong beliefs articulate genuine police of cer lapd likes to cover musical genres spare time no money signed by W hotel to do his repertoire cover al joelson who is black face department nds out they don t want him to do it but continues to speech of a public concern second prong potential issue that demonstration of distasteful racism cannot have respect for the law enforcement bemer vs bottaglia waters case you do not need actual disruption but you can have a reasonable foreseeable violence or disruption can occur halloween party at a buddy s house not a public concern lst prong content form and context social political public interst not personal grievances complaint of employment that are personal in nature cannot be just this to lose 2nd prong is balancing of the interest lst amendment of employee vs the employer s effective and ef cient services damages causal relationship between the speech and the termination wrinkle comes from garcetti deals with nonprotected speech police of cer singing songs get protection police enforces the law singing about merry had a little lamb and the police law of cial duties gets less protection HIGHLIGHTS OF POINTS AND STUDY GUIDE summary run a business what should you be thinking about doing get insurance EPLI it is not mandated should you buy yes do not buy the biggest amount recommend a million dollars must have workers comp as well third party coverage in the real world means customer can come in ADA claims choice of counsel king lebron hire a good lawyer asset protection is important not on exam employees need workers comp and contracts documents for prehire employee handbook arbitration agreement and at will progressive discipline do not hamstring yourself not good noncompete not good because you cannot enforce in califomia ordinary person with nothing to lose except work for hire employer it is good not for employee not a bene cial calling card to get another job negative to have employers know that you sue not a bowl of cherries and a waste of time and energy can get sued for malicious prosecution may have to pay attorney39s fees cost of litigation are too much and almost everyone has insurance the carrier does not ght on principle likely to get paid have a good case you get red get decent job making 90000 a year bad re complaint about harassment the issue with the damages update your resume and look for another job then you cannot get loss of earnings because you already have a good paying job case if emotional distress free speech in a workplace applying for a job horrible bosses 2 interviews interviewer application process careful about linkedin someone can research facebook wearing no clothes cannot ask about age pregnancy age sesual preference employer looks at resume and call references can say if they worked for them or not but nothing more because they can be sued for defamation civil code only gives quali ed privilege workers are called employees or independent contractors right to control the test would be misclassi cation shaming on website statutory penalty rest breaks having employee exempt or nonexempt test how much discretion do you have nonexempt you get overtime employee running errand eXpenses the employer pays time records no time records violation overall cannot be based on immutable characteristic cannot have dress code and tie it to black brown cannot have grooming rule that has an unfair burden general dress and grooming codes are proper harassment 2 theories quid pro quo hostile environment comments touching visual things severe or pervasive harassment claims you only need one you can sue the harasser and the employer strict liability joy les a lawsuit in order to le a lawsuit under unfair employment housing act administrative sue notice directed at you then you have a better case than you heard from a long shot emotional distress damages and mental examination people are working for you re someone you get unemployment insurance stupid to ght unemployment insurance transition to get another job and they need the money someone is red did not get insurance get a severance package consideration and a release humanely and with dignity red ask for personnel le hiring a lawyer and contingency fee the lawyer gets 50 and costs low income worker red mental calculus red now it is hard to sue because of the at will doctrine can be told red just because easy to sue because of the exception to all the rules red take your clothes off and nd a box black seX religion racist supervisor good employee etc replaced by someone who is white religious discrimination free speech unfettered no has to be sincerely held religious beliefs asks for accommodations do not always have to accomodate employee friendly state califomia always claim under state accomodation test unless undue hardship increse by law federal hardison case lifestyle discrimination healthcare costs are rising do not want to hire those who are smokers fat etc not protected throught country cannot talk in any language that you want federal law discrimination based on national origin cannot make english only unless noti ed affects business restraining order not easy to get it has to be pattern of harassment if not a pattern then Violence credible threat ADA comply with the business should get third party coverage because of this wheelchair accessible some bring claims that are bottom feeding that wheel people around nd small businesses that they can shake down have EPLI you are safe unrue act employer was not required to make certain statements cake people want to bake a cake popped for emotional distress have to bake cake american ag you can burn and step on counter speech don t have to articulate the counter speech cannot assault cannot spit or touch biggest case to learn was the phelps case and baptist church stevens statue dog ghting case lying about the military medals public employee speech disparate impact theory in discrimination not intention by doing it you are asserting one more than the other examples word of mouth hiring felony cannot ask if they have conVictions clean shaven policy trying to protect the re ghters but have impact on blacks because they can get the disease disparate treatment treating similar people dissimilarly


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