HRM 330 Final exam

What is the IRAC approach?

A method for legal analysis consisting of Issue, Rule, Application, and Conclusion.

What does the 'Issue' step in the IRAC approach entail?

Identifying the question the court must decide, often framed as a Yes/No question.

What is involved in the 'Rule' step of the IRAC approach?

Identifying the statutes, precedents, and other governing laws relevant to the legal issue.

What does the 'Application' step in the IRAC approach require?

Comparing the facts of the case against the legal rules to determine if each rule element is satisfied.

What is the purpose of the 'Conclusion' step in the IRAC approach?

To provide a Yes/No answer to the question posed in the Issue based on the previous steps.

What is a Motion to Dismiss?

A motion filed by the defendant claiming there is no legal basis for the plaintiff's claims.

What is Summary Judgment?

A motion made after fact-finding, claiming that there are no genuine disputes of material fact.

What is legal authority?

Any published source of law that can be used as the basis for legal arguments.

What are Primary Authorities?

Sources such as statutes and case law that have binding legal effect.

What are Secondary Authorities?

Sources that provide commentary or analysis on the law, such as law review articles.

What is the role of Administrative Agencies in employment law?

To create regulations and enforce laws in specific areas of employment.

What does the Department of Labor (DOL) regulate?

Workplace safety, employment standards, and labor relations.

What is the Occupational Safety and Health Administration (OSHA)?

An agency within the DOL focused on ensuring safe working conditions.

What is the Equal Employment Opportunity Commission (EEOC)?

An agency that enforces laws against workplace discrimination.

What is the National Labor Relations Board (NLRB)?

An agency that regulates labor relations and ensures fair negotiation between employers and employees.

What is the Federal Trade Commission (FTC) responsible for?

Enforcing antitrust laws and preventing unfair business practices.

What is the Health Insurance Portability and Accountability Act (HIPAA)?

A law that regulates the privacy and security of health information.

What is the role of the Internal Revenue Service (IRS) in employment law?

To impose tax regulations related to employment and payroll.

What is the Idaho Department of Labor's function?

To regulate state employment laws, including minimum wage and unemployment claims.

What is the Idaho Industrial Commission (IIC)?

An agency that administers state-specific workers' compensation laws.

What is the significance of state statutes in employment law?

State statutes can provide additional protections but cannot reduce federal protections.

What is the relationship between federal and state employment laws?

Federal laws preempt state laws when there is a conflict, but states can offer more protections.

What is the role of legal research in HR law?

To find legal precedents and statutes that support legal arguments in cases.

What are the three types of legal rules?

Rules with specific elements, rules with a single element, and balancing tests.

What is the purpose of citing legal cases?

To provide a reference for legal precedents and support legal arguments.

What does the citation '64 F.3d 590, 594 (11th Cir. 1995)' indicate?

'64' is the volume number, 'F.3d' is the reporter, '590' is the page number, and '594' is the specific page of the case.

What is the importance of precedent in legal cases?

Precedent helps courts decide current cases based on previous rulings in similar situations.

What is an employment contract?

A contract is a promise or a set of promises for which the law provides a remedy for breach and considers those promises a duty to perform.

What are the five necessary elements to form a valid and enforceable contract?

Offer, Acceptance, Consideration, Capacity, Legality.

What constitutes an offer in contract law?

A proposal to enter into a contract that represents a serious intent to create a contractual relationship.

What is acceptance in the context of contracts?

Acceptance occurs when one party agrees to the terms of the offer, which can include accepting, rejecting, counteroffering, or doing nothing.

When can silence be considered acceptance?

Silence can be considered acceptance only when there have been prior dealings between the parties where a contractual relationship is expected.

What is consideration in contract law?

Consideration refers to the value that each party agrees to give or perform for the other, which can be money, services, or other benefits.

What is the legal capacity required to enter into a contract?

Contracting parties must be of legal age (18+) and of sound mind, meaning they are sober and sane.

What does legality mean in the context of contracts?

A contract must be for a legal purpose to be enforceable; courts will not enforce contracts that violate the law or public policy.

What is the employment at-will doctrine?

The employment at-will doctrine states that an employment relationship can be terminated at any time and for any reason by either party.

What are some exceptions to the employment at-will doctrine?

Employees cannot be fired for discriminatory reasons or for exercising their First Amendment rights in certain contexts.

What is the legal definition of an agent?

An agent is a person or entity that acts on behalf of another person (the principal) and can bind the principal in contracts.

What is express authority in agency relationships?

Express authority is created through a written or oral agreement that explicitly grants the agent the power to act on behalf of the principal.

What is implied authority in agency relationships?

Implied authority allows an agent to perform incidental acts that are reasonably necessary to fulfill the tasks assigned through express authority.

What is the duty of loyalty in an agency relationship?

The duty of loyalty requires the agent to act in the best interests of the principal and not put their own self-interest ahead of the principal's interests.

What is vicarious liability?

Vicarious liability holds an employer liable for the actions of an employee if those actions occur within the scope of employment.

What are the conditions under which vicarious liability does not apply?

Vicarious liability does not apply if the worker is not an employee, commits an intentional tort, or acts outside the scope of employment.

What is the duty of performance in an agency relationship?

The duty of performance requires the agent to use reasonable diligence and skill in performing their work for the principal.

What is the duty of notification in an agency relationship?

The duty of notification requires the agent to inform the principal of all matters that come to their attention concerning the agency relationship.

What is the duty of obedience in an agency relationship?

The duty of obedience requires the agent to follow all lawful and clearly stated orders and instructions from the principal.

What is the duty of accounting in an agency relationship?

The duty of accounting requires the agent to account for all funds received and paid out on behalf of the principal.

What happens if an employment contract is silent on termination?

If silent, the contract defaults to the employment at-will doctrine, allowing termination at any time for any reason.

What is the significance of the case Gupta v. Morgan Stanley?

It illustrates that an existing employment relationship can allow for modifications to an employment contract based on prior dealings.

What is the impact of public policy on contract enforceability?

Contracts that violate public policy may be deemed unenforceable if they are not beneficial for society.

What is the role of employee handbooks in employment contracts?

Policies in employee handbooks can be considered part of the employment contract, creating implied contractual obligations.

What is the significance of the case Parker v. Domino's Pizza?

It exemplifies vicarious liability, as the employer can be held liable for the actions of an employee acting within the scope of their employment.

What is the legal definition of employment discrimination?

Employment discrimination exists when an employer treats an applicant or employee differently merely because they are part of a protected class.

What constitutes a protected class?

Protected classes are specifically defined groups of people protected from employment discrimination based on traits such as race, color, religion, national origin, sex, pregnancy, sexual orientation, gender identification, disability, genetic information, and military status.

What are two types of employment discrimination?

Disparate treatment, which involves intentional discrimination, and disparate impact, which involves unintentional discrimination resulting from policies or practices that have a discriminatory effect.

What is the McDonnell-Douglas Burden Shifting Framework?

It is a legal framework used by courts to adjudicate most employment discrimination claims, allowing both parties to prove their case, primarily in the absence of direct evidence.

What are the four elements plaintiffs must prove in a prima facie case of discrimination?

1) Belonging to a protected class, 2) Performing the job satisfactorily, 3) An adverse employment action occurred, 4) Circumstances suggest an unlawfully discriminatory motive.

What is the business necessity defense in employment discrimination cases?

It justifies unintentional discrimination by showing that a discriminatory employment practice relates to an essential responsibility of the job.

What is the Bona Fide Occupational Qualification (BFOQ) defense?

It allows for intentional discrimination against protected classes if it is necessary for the normal operation of a particular business, but cannot be used for race or color discrimination.

What does the 'Cat's Paw' doctrine state?

An employer can be held liable for discrimination if the ultimate motivation for an action was based on discrimination, even if the primary decisionmaker did not act with discriminatory intent.

What constitutes sex discrimination according to the EEOC?

Sex discrimination involves treating someone unfavorably because of their sex, including issues like sexual harassment and the gender pay gap.

What is the Equal Pay Act (EPA)?

An amendment to the Fair Labor Standards Act aimed at abolishing sex-based wage discrimination, prohibiting unequal pay for equal work based on sex.

What are the three elements plaintiffs must prove in an Equal Pay Act claim?

1) Performing substantially equal work as employees of the opposite sex, 2) Working under similar conditions, 3) Employees of the opposite sex being paid more.

What are the four exceptions that justify wage differentials under the Equal Pay Act?

1) Seniority system, 2) Merit system, 3) System measuring earnings by quality or quantity of production, 4) Any factor other than sex.

What is the significance of the gender pay gap in 2023?

Women working full time earned an average of 84 percent of what men earned.

What does retaliation in employment discrimination refer to?

Retaliation occurs when an employer takes adverse action against an employee for filing a complaint or participating in an investigation or lawsuit related to discrimination.

What is disparate treatment in employment discrimination?

Disparate treatment refers to intentional discrimination against an individual based on their status in a protected class.

What is disparate impact in employment discrimination?

Disparate impact refers to unintentional discrimination that results from policies or practices that disproportionately affect a protected class.

What is the role of statistical evidence in proving disparate impact?

Statistical evidence can show that members of a protected class were treated unfavorably, supporting claims of unintentional discrimination.

What must an employer do after a plaintiff establishes a prima facie case?

The employer must rebut the prima facie case by providing a legitimate and nondiscriminatory reason for the adverse employment action.

What is the burden of proof in employment discrimination cases?

Initially on the plaintiff to establish a prima facie case, then shifts to the employer to provide a justification, and back to the plaintiff to show pretext.

What is the primary statute that prohibits employment discrimination based on sex?

Title VII of the Civil Rights Act

What landmark case interpreted Title VII to include discrimination based on gender and LGBTQ+ status?

Bostock v. Clayton County, GA (2020)

What does the Pregnancy Discrimination Act of 1978 prohibit?

Discrimination based on pregnancy, childbirth, and related medical conditions.

What is the key difference between the Equal Pay Act and Title VII?

Title VII is broader in coverage, while the Equal Pay Act only covers equal work.

What must be shown to prove equal work under the Equal Pay Act?

The compared employees' jobs must be similar in job responsibilities.

What criteria does Title VII use to compare jobs for discrimination claims?

Jobs must be similar based on job description, standards, supervision, and qualifications.

What is a unique aspect of the Equal Pay Act regarding employee coverage?

It covers virtually all employees, unlike Title VII which covers employers with 15 or more employees.

How can claims under the Equal Pay Act be filed?

Directly with the court, without needing to file with the EEOC first.

What limits does federal law place on Title VII claims?

Caps on compensatory and punitive damages based on the size of the employer.

What forms of discrimination are covered under Title VII?

Race, color, religion, sex, and national origin.

What constitutes race discrimination according to the EEOC?

Unfavorable treatment based on race or personal characteristics associated with race.

What is national origin discrimination as defined by the EEOC?

Unfavorable treatment based on country of origin, ethnicity, or accent.

What does religious discrimination involve according to the EEOC?

Unfavorable treatment due to sincerely held religious, ethical, or moral beliefs.

What is a common manifestation of employment discrimination under Title VII?

Using different test cutoff scores based on a protected class.

What must employers show to require employees to speak English?

That it is necessary for the job (as a bona fide occupational qualification).

What must employers do regarding religious practices in the workplace?

Accommodate religious practices unless it creates an undue hardship.

What did the Supreme Court clarify in Groff v. DeJoy (2023) regarding employer burdens?

The burden must be substantial in the overall context of the employer's business.

Is it currently a violation of Title VII to hire individuals from diverse backgrounds?

No, it is seen as remedial to address historical discrimination.

What does Section 1981 of the Civil Rights Act of 1866 allow?

Private lawsuits against race discrimination in all contractual elements of employment.

What does the Immigration Reform and Control Act of 1986 require from employers?

To verify employee eligibility to work in the U.S. and prohibits national origin discrimination.

What is a limitation of Section 1981 regarding discrimination?

It only applies to race discrimination and does not cover national origin, religion, or sex.

What is the requirement for filing a claim under Section 1981?

It does not require filing with the EEOC first.

What is the significance of the Supreme Court decision in Students for Fair Admissions v. Harvard College (2023)?

It may impact how race is considered in hiring and admissions under Title VII.

What does Title I of the Americans with Disabilities Act prohibit?

Discrimination in providing employment opportunities for individuals with qualifying disabilities.

What employers are covered under Title I of the ADA?

Employers with 15 or more employees.

What does Title II of the ADA prohibit?

Discrimination by public entities, including public transportation services.

What does Title III of the ADA prohibit?

Discrimination by public accommodations, including commercial facilities that are public-facing.

What is the two-element test for defining a disability under the ADA?

An individual must have a physical or mental impairment that substantially limits one or more life activities.

What are some examples of life activities defined by federal regulations?

Walking, seeing, and performing manual tasks.