Comprehensive Guide to Agency Law, Employment Discrimination, and EEOC Regulations

Ratification

Approval of an agent's unauthorized act by the principal, making it legally binding

Duties of agents and principals

Agents owe loyalty, obedience, and care; principals owe compensation, reimbursement, and cooperation

Agency by estoppel

Occurs when a principal's actions lead a third party to believe someone is their agent, even if not formally appointed

Gratuitous agency

An agency relationship where the agent receives no compensation

Power of Attorney

Legal document granting an agent authority to act on behalf of a principal

How agency relationships are formed

By agreement, ratification, estoppel, or necessity

Types of agents

General agent, special agent, and subagent

Employee-Employer agency

Employer has control over employee's work and actions

Independent Contractor v. Employee

Contractors control their own work; employees are controlled by employer

Writing requirements for agency agreement

Some agency agreements must be in writing (e.g., real estate, contracts under Statute of Frauds)

Creation of agency

Formed by mutual consent between principal and agent

Termination of agency

Ends by agreement, time, purpose completion, death, or incapacity

Vicarious Liability

Principal is liable for agent's actions within scope of employment

Equal Pay Act of 1963

Requires equal pay for men and women doing the same work

Title VII

Prohibits employment discrimination based on race, color, religion, sex, or national origin

Sexual Harassment

Unwelcome sexual conduct affecting employment or creating a hostile work environment

Age Discrimination

Protects workers age 40+ from discrimination

EEOC duties and powers

Enforces discrimination laws, investigates complaints, and can file lawsuits

Elements of discrimination

Membership in protected class, adverse action, qualification, and different treatment

Americans with Disabilities and Rehabilitation Act

Prohibits discrimination against qualified individuals with disabilities and requires reasonable accommodation

Pregnancy Discrimination Act

Prohibits discrimination based on pregnancy or childbirth

Disparate Treatment

Intentional discrimination against a protected group

Disparate Impact

Neutral policy that disproportionately affects a protected group

Affirmative action and reverse discrimination

Policies to increase diversity; reverse discrimination claims bias against majority groups

Prima facie case

Initial evidence sufficient to support a legal claim of discrimination

Harris v. Forklift

Established that a hostile work environment violates Title VII even without psychological injury

Time limits for EEOC and filing complaint

Typically 180 days (or 300 days in some cases) to file a charge

Executive Order 11246

Requires federal contractors to practice nondiscrimination and affirmative action