bussiness law

1 employment at will / exceptions contract and tort theory and public policy

2 wrongful discharge / violation of the law or employment contract

3 employee privacy rights /testing and screening and monitoring

4 employment discrimination protected class race color religion origin gender age (40 ) disability

5 disparate treatment discrimination form of discrimination results vs the protected class intentionally

6 Prima face case plaintiff has produced sufficient evidence of his or her claim that case will be decided for plaintiff unless no evidence to rebut by defendant

7 disparate impact discrimination not discrimination on the face has a discriminatory effect protected group of people affected

9 Constructive Discharge so intolerable working conditions caused by employer that a reasonable person in same situation would be compelled to quit

10 sexual harassment demanding of sexual favors in return for job benefits or language and conduct that is so sexually offensive that it creates a hostile work environment

11 reasonable accommodation and undue hardship disabled people as employees

12 defenses to employment discrimination Business Necessity- related to job performance Bona Fide Occupational Qualification / legitimate seniority system / after acquired evidence of employee misconduct

13 Civil Rights Act / Equal Employment Opportunity Commission / Old English Common Law