Term
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Definition
| Case that recognized adverse impact discrimination. Reqs must be job related. |
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Term
| McDonnell Douglas Corp v Green 1973 |
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Definition
| Established criteria for disparate treatment. |
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Term
| Albemarle Paper v Moody 1975 |
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Definition
| Must establish evidence that a test is related to job content. |
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Term
| Washington (DC) v Davis 1976 |
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Definition
| Need to establish intent if challenging a test procedure unless filed under Title VII. If test is job related, can continue even if impact. |
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Term
| Regents of Univ of Calif v Bakke 1978 |
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Definition
| Race can be used in job selection, AAP programs permissible if prior discrimination established. |
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Term
| Meritor Savings Bank v Vinson 1986 |
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Definition
| Sexual harassment alters terms and conditions, violates Title VII. |
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Term
| School Board of Nassau v Arline 1987 |
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Definition
| Rehab Act can cover contagious disease. |
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Term
| Leggett v First National Bank Oregon |
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Definition
| Talking to EAP psychologist of a referred employee violated their privacy. |
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Term
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Definition
| Supreme Court ruled that decisions about welfare of future children should be left to parents (e.g. OASHA tatogens) |
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Term
| Electromation Inc v NLRB 1992 |
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Definition
| NLRB ruled that ee committees were illegal 'labor organizations' b/c they were employer controlled and reviewing working conditions. |
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Term
| EI DuPont & Co v NLRB 1993 |
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Definition
| Duponts 6 safety committees were employer dominated labor orgs and should include union reps. Instead Dupont excluded and dominated the formation. |
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Term
| Harris v Forklift Systems 1993 |
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Definition
| Established the 'reasonable person' guidance. Plaintiff doesn't have to prove psychological harm to establish violation of Title VII sex harassment. |
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Term
| Taxman v Board of Educ of Piscataway 1993 |
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Definition
| School board could not use racial diversity as an educational goal nor could they use race for AAP selection for layoffs where there was no past discrimination. |
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Term
| McKennon v Nashville Banner Publishing Co 1995 |
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Definition
| Evidence of misconduct acquired after decision to term can't free an employer from liability even if it would've justified termination. |
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Term
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Definition
| Court applied inevitable disclosure doctrine even without a nondisclosure/noncompete agreement. |
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Term
| Faragher v City of Boca Raton and Ellerth v Burlington Northern 1998 |
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Definition
| When supervisory harassment results in tangible employment actions, the employer is liable |
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Term
| Oncale v Sundowner Offshore Services Inc 1998 |
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Definition
| Same sex harassment is covered by Title VII |
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Term
| Kolstad v American Dental Association 1999 |
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Definition
| Punitive damages is based on motive of the discriminator v conduct itself. |
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Term
| Sutton v United Airlines 1999 |
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Definition
| Supreme Court ruled a person may not have a disability if condition is controlled by medication or mitigating measures. |
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Term
| Circuit City Stores v Adams 2000 |
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Definition
| Pre-hire employment application requiring arbitration settled disputes is enforceable under the Federal Arbitration Act. |
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Term
| NLRB v Weingarten 2000, 2004 |
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Definition
| Union employees can have a coworker present to an interview w/employer but non union can't. |
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Term
| Crown Cork & Seal Company 2001 |
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Definition
| NLRB lifted some restrictions on employers use of employee participation committees. |
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Term
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Definition
| Even if arbitration agreement in place, the relevant civil rights agency can still sue. |
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Term
| Grutter v Bollinger and Gratz v Bollinger 2003 |
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Definition
| Univ can justify use of race in admissions as long as it's narrowly focused in achieving a diverse student body. Gratz lost, Grutter won. |
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Term
| General Dynamics Land Systems Inc v Cline 2004 |
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Definition
| Federal age discrimination law doesn't protect younger workers (over age 40) from decisions that favor older workers. |
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Term
| Pennsylvania State Police v Suders 2004 |
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Definition
| in the absence of tangible employment action, the Ellerth/Faragher affirmative defense is available in constructive discharge claim to employer whose supv are charged with harassment. |
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Term
| Smith v Jackson Mississippi 2005 |
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Definition
| like Title VII, the ADEA authorizes recovery on a disparate impact thoery. |
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Term
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Definition
| Time spent donning, doffing equipment is compensable. |
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Term
| Leonel v American Airlines 2005 |
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Definition
| To issue a 'real' employment offer under ADA, an employer must have completed all non medical components of the application process or demonstrate that it couldn't reasonably do so. |
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Term
| Toering Electric Company 2007 |
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Definition
| NLRB ruling that applicant must be genuinely interested in establishing an employment relationship to be protected against hiring discrimination. Prevents salting. |
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Term
| Oil Capitol Sheet Metal 2007 |
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Definition
| Employer protection against salting related to back pay. requires union provide evidence that supports the period of time it claims the salt would've been employed. |
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Term
| Dana Corporation/Metaldyne Corporation 2007 |
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Definition
| Recognition bar (which precludes a decertification election for 12 mths after an employer recognizes a union) does not apply when recognition is voluntary by card check. |
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