Shared Flashcard Set

Details

Legal Aspects
Final
11
Business
Undergraduate 4
12/04/2013

Additional Business Flashcards

 


 

Cards

Term
What act requires that the plaintiff must show that the jobs are substantially equal in order to prove that they have been treated unfairly?
Definition
Equal pay act
Term
What act prohibits the denial of benefits to older workers?
Definition
Age discrimination and employment act
Term
What act makes it illegal for employees to do things based on about race, gender, and national origin?
Definition
Title seven civil rights act
Term
What act allows victims of paid discrimination to assert with their rights?
Definition
The Lilly Ledbetter fair payment
Term
What is undue hardship?
Definition
Must consider the number of employees, nature and cost of what they have to do, what financial resources that we have, effect on facility operation
Term
What has to occur for Title 9
Definition
Educational program, federally funded. Gender discrimination
Term

3 types of Sexual harassment

 

Also know how to prove/defend

 

What has to be present

What is it

What does it include

 

Definition
  • Quid pro quo, you do this I’ll do that for you.
  • Tangible employment action
    • Any change in employment status. I’ll give you this for a promotion, hand in hand with Quid pro quo
  • Hostel work environment
    • Totality of the circumstances, if invited or welcome, how frequent is it, when does it happen, why does it happen, what is the severity. Objective test, would a reasonable person find it offensive? Subjective test,
Term

What three criteria are use for the due process

 

Also

  • Eligibility
  • Process
  • Aspects
  • Substantive/Procedural

 

 

 

Definition
Will private interest will be affected, risk of devonous deprivation, what interest does the government have
Term
What is the difference between substantive and procedural
Definition
Looking at policies, are they fair and reasonable? Procedural is carrying out the fair treatment properly, is the policy even fair in the first place
Term
What are you going to considering when determining if a person is eligible to get due process in the first place
Definition
State action, how was it violated,
Term
When looking at title 9 what is the accommodating interest and abilities test?
Definition
Are there enough sports for the number, align with the schools demographic, history, have they done something to try to improve on the opportunities, has there been an effort. Equal participation opportunities for enrollment, Have the interest abilities of that sex been accommodated.
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