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1)Ecommic loss was not a nssary element, title 7 is not only loss of tangibles. 2)Apropriate test was weather or not it was unwelcomed. The only Issue is weather the employee said no or stop. 3) as long as the person accused is an agent of the company then that persons actions bind the company. Agencies rules apply. Co workers have no athority superisors are agents |
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Resonable women standard - the standard you meust use is that if a reasonable women would find it offensive then it is offensive. |
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| Harris vs. Forklift Systems |
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Issue: How much damage dose someone have to suffer. Dose it have to require professional help. Outcome: Person dosent have to suffer that level of pshcological damage. To extent the person finds it to be offensice, thats enought for people to state a violable claim. |
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Burns vs. McGregor Electronics LTD. |
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Issue: The person prior behavior and deminor in history. Outcome: The persons prior history is irreliven. All that matters is that she informed them that she is not comforable with these advances or people working there. |
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| Omcale vs. Sundowner Offshore Services |
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Issue: Same sex harrasement can a person claim that they were harrassed by the smae gender. Outcome: there is nothing in the law that protects a claim against same gender harrasment. So theycan be harrased by same sex members it depends on the actions. |
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Farragher vs City of Boca Raton Burlington Industries vs. Ellerth |
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Issue: What can a company do to defend itself against these claims of sexual harrasement? Outcome: To the extent that the organization has take affermative efforts to train and make known actions. They have made basis for a affermative action. |
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Gave employees the right to organize and bargin. first time congress reconized the unions it was very narrow collectivly through representatives of their own choosing. |
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Rights to unions and workers. It was to help allow collective barganing it established right of workers to organize. No yellow dog contracts (signs that he will not join a union). |
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Which garenteed worker some rights to organize and restricted the issuance of court injunctions in lavor disputes. |
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Rights to unions and workers. It was to help allow collective barganing it established right of workers to organize. |
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is pro management and forbids unions from engaging in a series of unfamiliar labor practicies. prohibits the use of closed shop. |
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Requires unions to establish bilaws, make finacial records, provide bill of rights. |
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| National Emergancy Strike |
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one that would impact an industry or a major part of it in such away that the national economy would be significantly affected. Allows a 80 day cool off period before a strike can occur. |
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under the taft harley act it prohibits requiring employees to join unions as a condition of obtaining or continuing employment. |
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| Firm in which workers are not required to join or pay union dues. |
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| Firm that requires individuals to join a union before they can be hired. Taft Harly act is against this. |
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| Requires that individuals join the union usually within 30 to 60 days after being hired. |
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| requires employees who refuse to join the union to pay amounts equal to union dues and fees in return for the representation services of the union. |
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Civil Services Reform Act 1978 |
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| Changed the way Federal Government was allowed to deal with unions. |
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| Full-time union official who operates the union office and assists union members. |
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| Employee elected to serve as the first line representative of unionized workers. |
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Practice in which unions hire ad pay people to apply for jobs at certain companies to begin organizing efforts. |
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Are first to pull people together but, faied because combined trade unions and industrial union. |
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| American Federation of Labor |
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Definition
| really caused the union tone |
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| Federal Medication and Conciliation Service |
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Definition
an agency to help management and labor settle labor disputes. |
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occurs when members of a protected class are treated differently from others regardless of discrimintation intent. |
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Occurs when employment decions work to disadvantage members of protected class, regardles of discriminatiory intent. |
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Characeristin providing a legitmate reason why an employer can exclude persons on otherwise illegal bases of consideration. may be able to defend there management style using this. |
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Definition
The first significant Equal Employment Law |
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| Americans Disablilities Act |
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Definition
| Requires that most employers identify essential job functions and they have to make reasonable accomidations for individuals with disabilities unless doing so results in undue hardship. |
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Definition
| Age Discrimination against a person older then 40 is illegal according to the age descrimination in the employment act. |
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| Immigration reform and control acts |
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Definition
| employment regulations affecting workers from other countries pretty much must have visas and leagal paper work to work here. |
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Term
Ferro vs. Koelsch Woolly vs. Hoffman la-roche |
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Definition
| companies had employee handbook that could be precived as a implied contract. even if employees didnt read it. |
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Definition
| Requires equal pay for for men and women performing substantially the same work. |
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| Executive orders 112426 and 11375 |
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Definition
| 50 or more employees or $50,000 or more in contracts with government have to eliminate employment descrimination and prior descrimination through affermative action plan. |
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| oversea contracts that are with goverment contractors to make sure they follow employment guidelines. |
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Term
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Supervisors or upper management must report harassement. |
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Term
| Robinson vs. Jacksonville shipyard |
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Definition
| lady works with all males and there are tons of people posting picturtures that are degrading . not ok |
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Term
| you have 50 or more employees in california |
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Definition
| You have mandatory state approved sexual harrassement training in california if |
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Term
| Holland vs. First Virginia Banks |
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Definition
| Black male claims his supervisor subjected him to racial harrasement. By calling him names then bank stepped in. But when he was hurt management told him he lost his job. Racial Harrasment was established. |
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Term
| Showalter vs. Allison Reed Group |
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Definition
charged supervisor with hostile work enviorment and sexual harrassement quid pro quo. employes were forced to observe and participate in sexual acts. |
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| 1970 Griggs vs. Duke Power |
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Definition
Landmark case, suit brought against duke power because they wouldnt hire because they were not high school graduates . showed that intetnt not be intentional only took place. Employment practice must be job related. Adverse impact(unintentional Descrimination). |
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| 1989 Wards cove vs. Antonio |
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Definition
| a claim of racial descrimination in alaskian salmon cartenis . This law said that the burden of proof was on the plantif |
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| 1991 Civil rights act of 1991 |
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Definition
restore strength of federal anti descrimination laws,Restores burden of proof back to the employer. Established title 7 for us employees working outside the country Extra territorial territiory protective. |
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Definition
| have flexible working hours |
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Term
| 1999 Sutton vs. Us Airlines |
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Definition
| involves women that want to fly and are not aloud because they wear glasses and its fully mitigated so the disability is not covered. |
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| 1999 murphy vs united parcel |
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Definition
| Man has highblood pressure and he takes medicatation that midicgates it. They told him alos that he dosent have a handicap because problem is mitigated. |
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| 1976 General Electric vs Gilbert |
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Definition
| Supreme court decision held that ge could remove pregnancy leave act from the disability benefits that they lawfully proided to men adn women. To not cover women only donse not descriminate between men because only women can have children. |
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| 1978 Pregnancy Descrimination act |
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Definition
| You must consider pregancy to be a medical condition and you must provide leave ofr it if you provide leace for any type of medical leave. Do the same as you would treat any other condition. |
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| California federal vs guerra |
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Definition
| The court says that you can jsut have a pregnancy leave enen though it is descriminative to men. |
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| University of California vs bakke |
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Definition
| University will except 16 minorities but wouldnt take blake because the minorities took up the spots. |
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| set up program to let employees get promoted to better jobs kiser has a 50/50 split kiser was sued becasuse it was inflexible and discriminatory. They were aloud to because they were increasing jobs for blacks. |
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