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Give the forum and date for Lehmann v. Toys R Us
NJ Supreme Court, 1993
What are the 4 prongs of the Reasonable Woman Standard?
- 1. Plaintiff must show the conduct occurred because of her sex
- 2. Conduct must be severe OR pervasive (a single incident is enough because of the "or")
- 3. Conduct must be offensive to a "Reasonable woman" (objective standard)
- 4. Conduct must create a hostile work environment
What are 3 theories of liability?
- Strict Liability
- Compensatory Damages
- Punitive Damages
What is strict liability?
- ER held strictly liable for equitable damages of back pay and reinstatement
- Every ER must have written sexuall harassment policy to put EE's on notice
- ER must have zero tolerance policy
- ER must show EE's format to submit complaints
- ER must provide EE's with sexual harassment training
Explain compensatory damages.
Court says ER MAY be liable depending on circumstances (if EE never complained, then ER not responsible)
What is the punitive damages theory of liability?
ER only liable for punitive damages if it participated in or condoned the harassment
How can an EE establish a hostile work environment claim?
Prove all 4 prongs of Reasonable Woman Standard
Name the forum and year for Thornton V. Caldor.
US Supreme Court, 1985
What was the issue in Thornton v. Caldor?
Whether the CT statute violated the US Constitution's 1st Amendment Establishment Clause (government & religion separate)
In which case did the plaintiff die before the final holding?
Thornton v. Caldor
Which case was the Establishment Clause case?
Thornton v. Caldor
Which case involved religious discrimination?
McCrory v. Rapides Medical Center
What was the forum and year for McCrory v. Rapides?
US District Court (Louisiana), 1986
How does a plaintiff prove religious discrimination under Title VII?
- Plaintiff must have bona fide religious belief
- Belief must conflict with ER's policy
- Plaintiff must prove ER had notice of his/her beliefs
- Plaintiff must suffer an adverse employment action
What is Federal Rule 11? What case did it apply to?
- Attorney has to certify that a case has merit and is factual
- McCrory v. Rapides
What religion did McCrory and Roshto follow?
Is a private right to commit adultery covered by Title VII?
No - privacy is not covered by Title VII
Which case involved national origin discrimination?
Garcia v. Spun Steak Co
What was the forum and year for Garcia v. Spun Steak?
US Court of Appeals, 1993
What was the issue in Garcia v. Spun Steak?
Whether ER's English-only rule violated Title VII
What was the holding in Garcia v. Spun Steak?
No - because the English-only rule was narrow in scope and supported by a business purpose
Which case involved disability discrimination?
Moorer v. Baptist Memorial Hospital
Give the forum and year for Moorer v. Baptist Memorial Hospital.
US Court of Appeals, 2005
What was the issue in Moorer v. Baptist Memorial Hospital?
Whether ER violated the Americans with Disabilities Act
What 3 criteria will support an employee's claim that he is disabled?
- If EE is diagnosed with a disability
- If EE has a record of treatment for a disability
- If EE is perceived or regarded as disabled by ER
What does an employer need to have in order to be liable for disability discrimination?
Notice of EE's disability
What is the Rehabilitation Act of 1973?
a Federal law protecting handicaps; ER must have federal funding to be held to this law
What is the Americans with Disabilities Act of 1990?
Federal law protecting disabled persons
What are the first 4 requirements under FMLA?
- ER must have 50+ EE's for 20 work weeks/year
- EE must be employed 1 year/1250 hours
- Covered circumstances are birth or adoption of child, serious medical condition of child, parent or spouse, or EE's own serious medical condition
- Duration of 12 weeks unpaid leave within a 12 month period
What are the first 4 requirements under the NJ Family Leave Act?
- ER must have 50+ EE's for 20 work weeks per year
- EE must be employed 1 year/1000 hours
- Covered circumstances are birth/adoption of child, or serious medical condition of a family member (NO coverage for EE's own medical issue)
- Duration of 12 weeks unpaid leave within a 24 month period
What conditions apply to both FMLA and NJFLA?
- Intermittent leave is allowed if it doesn't cause ER hardship
- 30 days' notice required when able, or whatever is reasonable
- Medical certification is required
- Health benefits are required to be kept up by employer
- ER is required to hold EE's position
What is NJ Paid Family Leave?
- 6 weeks' paid leave given for birth/adoption or serious medical condition of a family member.
- Pays 2/3 of your salary up to a cap
- funded entirely by EMPLOYEE payroll taxes, $33/year (FLI)
What is the forum/year for Gerety v. Hilton?
NJ Supreme Court, 2005
Which case involved gender discrimination?
Gerety v. Hilton
What was the issue in Gerety v. Hilton?
Whether ER's policy violated NJLAD on the basis of sex/gender
Why did the NJ Supreme Court agree to hear Gerety v. Hilton?
It was considered a disparate impact case, because only women can become pregnant
What was the holding/reasoning in Gerety v. Hilton?
No (4/3 decision) - policy did not violate NJLAD on basis of sex because policy truly was neutral
What policy was at issue in Gerety v. Hilton?
Hilton allowed 26 weeks unpaid leave for disabled EE's - if they didn't return when 26 weeks were up, they were terminated, NO exceptions
Which case involved FMLA?
Cruz v. Publix
Give the forum and year for Cruz v. Publix
US Court of Appeals, 2005
What was the issue in Cruz v. Publix?
Whether ER's termination of EE violated FMLA
Did the Er in Cruz v. Publix violate FMLA?
No, because Cruz failed to give adequate notice to ER, did not mention any qualifying circumstance, and her over-18 child was not incapable of self care
What was the forum and year for Serrano v. Underground Utilities?
NJ Appellate Division, 2009
Who are the plaintiffs named in Serrano v. Underground Utilities?
Serrano and Vivar
What was the issue in Serrano v. Underground Utilities?
Whether plaintiff's immigration status is relevant to Fair Labor Standards Act claims
Give the holding and reasoning in Serrano v. UNderground Utilities.
- Holding - NO
- Reasoning - immigration status does not matter in the issue of payable time and cannot be used to intimidate a plaintiff; would also prejudice a jury
What are 4 things that are part of the Fair Labor Standards Act?
- Minimum wage laws
- Overtime paid after 40 hours
- Workers must be paid for all time worked
- Recordkeeping is required
What class of employee does the Fair Labor Standards Act NOT apply to?
Exempt workers - usually salaried persons
What is the forum and year for Treasury Emps v. Von Raab?
US Supreme Court, 1989
What EE's did Von Raab's drug testing policy affect?
- EE's with direct involvement in drug interdiction
- EE's carrying firearms
- EE's handling sensitive information (thrown out)
Which amendment was at issue in Treasury EE's v. Von Raab?
4th Amendment (search & seizure)
What was the issue in Treasury EE's v. Von Raab?
Whether defendant's drug testing policy violated plaintiff's 4th Amendment search & seizure rights
Who was the plaintiff in Treasury EE's v. Von Raab?
A union that represented Federal customs workers
What was the holding in Treasury EE's v. Von Raab?
No (5/4 decision) because drug testing is reasonable for these types of positions for the public good and safety, and positive results were not being turned over to law enforcement.
When is random drug testing allowed for public employees?
- If EE works in a safety-sensitive position
- If EE works in law enforcement
- If EE holds a CDL
- * ER must have cause to test other job classes
When was workers comp first documented?
What is the "unholy trinity"?
- Defenses against workers comp used by employers:
- Contributory negligence - worker contributed to his own injury
- Fellow Servant Rule - if a coworker caused injury, ER not liable
- Assumption of risk - if EE takes a dangerous job, he assumes risk, ER not liable
How did injured workers get remedies for injuries on the job in early industrial times?
Had to sue ER, rarely successful
Name 4 current reforms of workers comp.
- No Fault System - worker is compensated without assumption of fault
- Exclusive Remedy - tort suits against ER not allowed
- State based process - varies by state, no federal law
- Compensation - covers medical bills/rehab, partial salary, lump sum award for serious injuries
What are the benefits of the reformed WC system?
- Benefits ER by eliminating possibility of lawsuits brought by EE, no punitive damages
- Benefits EE's because they collect their benefits right away
How is workers comp administered?
Administered by case managers, governed by a state board, administrative judges used for appeals
Give the forum and year for Nike v. McCarthy
US Court of Appeals, 2004
What was the issue in Nike v. McCarthy?
Whether a non-compete agreement is enforceable if not signed when promoted
What was the holding in Nike v. McCarthy?
Yes - court agreed Nike had standing
What is the whistleblower test?
- 4-prong test to establish a CEPA claim:
- plaintiff must have reasonable belief that defendant is violating the law
- plaintiff has to complain/object so that defendant has notice on record of objection
- plaintiff must show adverse employment action
- must be a nexus between whistleblower and adverse employment action
What is CEPA?
- Conscientious Employee Protection Act
- NJ law, prohibits ER from taking retaliatory action against EE who reports in writing a violation of a law at the workplace
Which case involved a CEPA claim?
Abbamont v. Piscataway Township
What was the forum/year for Abbamont v. Piscataway?
NJ App Div, 1993
What was the issue in Abbamont v. Piscataway Township?
Whether plaintiff established a claim under CEPA
What happened to plaintiff's jury trial in Abbamont v. Piscataway?
Defendant had moved to dismiss, judge refused with "reservation"; jury awarded Abbamont $60K in damages, THEN judge dismissed case
Which case was an intentional tort claim?
Taylor v. Metzger
What was the forum/year for Taylor v. Metzger?
NJ Supreme Court, 1998
What claims did Taylor bring?
- Violation of NJLAD for race discrimination
- Intentional infliction of emotional distress
- Prima facie tort
How does a plaintiff prove intentional infliction of emotional distress?
- Plaintiff must show defendant engaged in some intentional AND outrageous conduct
- Conduct must be a proximate cause of damages
- Plaintiff must prove conduct caused severe emotional distress
What was the holding in Taylor v. Metzger?
- Yes, it may.
- Sheriff DID intend to make comment; whether "outrageous" would be a question for a jury
What was the issue in Taylor v. Metzger?
Whether a single racial slur constitutes intentional infliction of emotional distress (IIED)
Why did Sheriff Metzger claim he called Taylor a "jungle bunny"?
Because she was supposedly wearing camouflage and he is ex-military - that's how they referred to people in camo in military
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