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by: Mrs. Keith Dickinson

EmploymentLaw BLAW358

Mrs. Keith Dickinson
GPA 3.76


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Class Notes
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This 4 page Class Notes was uploaded by Mrs. Keith Dickinson on Wednesday September 23, 2015. The Class Notes belongs to BLAW358 at Drexel University taught by NataliePedersen in Fall. Since its upload, it has received 55 views. For similar materials see /class/212246/blaw358-drexel-university in Legal Studies at Drexel University.


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Date Created: 09/23/15
quotgenderplus discrimination Employment discrimination based on gender and some other factor such as marital status or children gender stereotypes The assumption that most or all members of a particular gender must act a certain way comparable worth A Title VII action for pay discrimination based on gender in which jobs held mostly by women are compared with comparable jobs held mostly by men in regard to pay to determine if there is gender discrimination fetal protection policies Policies an employer institutes to protect the fetus or the reproductive capacity of employees quid pro quo sexual harassment Sexual harassment in which the harasser requests sexual activity from the harassee in exchange for workplace benefits hostile 39 sexual 39 Sexual 39 in which the harasser creates an abusive offensive or intimidating environment for the harassee severe andor pervasive activity Harassing activity that is more than an occasional act or is so serious that it is the basis for liability antifemale animus Negative feelings about women andor their ability to perform jobs or functions usually manifested by negative language and actions duty to reasonably accommodate The employer s Title VII duty to try to find a way to avoid conflict between workplace policies and an employee s religious practices or beliefs undue hardship Burden imposed on an employer by accommodating an employee s religious conflict that would be too onerous for the employer to bear In order for an employee to proceed with a claim of religious discrimination he must first establish a prima facie case by establishing that 1 He holds a sincere religious belief that conflicts with an employment requirement 2 He has informed the employer of the conflict 3 He was discharged or disciplined for failing to comply with the conflicting employment requirement If an employee establishes a prima facie case the burden shifts to the employer to show that it offered a reasonable accommodation to the employee or that it could not reasonably accommodate the employee without incurring undue hardship I Employees are protected against discrimination on the basis of their age under the ADEA unless age is a bona fide occupational qualification I Employees who believe that they are victims ofage discrimination have available to them a wide array of choices under both state and federal law I To prove a case of age discrimination the employees must show that 1 They are 40 years of age or older 2 They suffered an adverse employment decision 3 They are qualified for the position either that they meet the employer s requirements or that the requirements are not legitimate 4 They were replaced by someone younger I Once the employee has presented this information the employer may defend its decision by showing that 1 Age requirement of a job is a bona fide occupational qualification This can be done by showing a The age limit is reasonably necessary to the employer s business and b All or a substantial number of people over that age are unable to perform the requirements of the job adequately or c Some of the people over that age possess a trait that disqualifies them for the position and it cannot be ascertained except by reference to age 2 The decision was made based on some reasonable factor other than age 3 The employee was not qualified for the position 4 The decision to leave was because of a voluntary retirement plan 5 The llsame actor defense may be used in some courts The presumption is that when the same person hires and fires a worker protected by the ADEA there is a permissible inference that the employee s age was not a motivating factor in the decision to terminate I Once the employer presents its defense the employee will have the opportunity to prove that this defense is mere pretext for the actual discrimination that exists I The Gross decision seemingly altered the burdenshifting requirement but subsequent lower court rulings have suggested that the shifting does still apply in age discrimination cases I The ADEA prohibits retaliation both against the employee who alleges age discrimination and any other employee who assists the employee in her or his claim I Federal courts are split as to whether an employer can terminate an older employee due to economic considerations I Benefit plans and seniority systems cannot be created for the purpose of evading the ADEA or the OWBPA I The OWBPA amended section 4f of the ADEA and places restrictions where employers offer employees amounts of money through retirement plans as incentives for leaving the company I The Employee Retirement Income Security Act ERISA regulates private employee benefit plans It governs the operation of welfare and retirement plan provisions See Chapter 16 for a further discussion of ERISA I A variety of remedies are available to those discriminated against due to their age I A reduction in force RIF occurs when a company is forced to downscale its operations to address rising costs or the effects of a recession When an individual is terminated pursuant to a bona fide RIF the employer s actions are protected In the event ofan RIF age discrimination may be proven when 1 The employer refuses to allow a discharged or demoted employee to bump others with less seniority 2 The employer hires younger workers when jobs become available Chapter 14 I Privacy is a fundamental right that has been recognized as deserving constitutional protection I Public employers are subject to greater scrutiny because their actions are considered to be State actions thus triggering constitutional protections that generally do not apply to privatesector employers I Employee privacy rights in the workplace originate from three sources the Constitution various state and federal laws and the common law those employees who have employment contracts either individual or union negotiated also have whatever protections are provided in the contracts I Common law torts include intrusion into seclusion public disclosure of private facts publication in a false light and defamation


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