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EEO and Discrimination Law Ch. 1-5

Across
Despite the important legislative gains for workers’ pay, work conditions, and well-being, labor unions membership and influence began to ___ in the years following the end of WWII. (At the height of labor unions, around 33% of private-sector workers in the United States had belonged to labor unions. In 2010, that number dropped to 7%.)
Employer background checks can give rise to ___ problems in employment where minority populations are arrested at a higher rate than majority populations for low-level offenses that rest primarily on a police officer’s discretion to arrest for behavior that poses little or no harm to the community, such as loitering, disorderly conduct, trespassing arrests.
Similar to a wrongful discharge claim, a retaliatory demotion claim is a claim that one has suffered a reduction in rank, salary, or ___ title as a punishment for a lawful action.
Employers whose employees misappropriate trade secrets for their own use or for the benefit of a new employer are entitled to bring a tort claim to obtain an injunction (court order) putting a stop to such illegal behavior, and can ___ for any monetary damages suffered as a result of the theft.
The ___ Labor Organization (ILO) is the agency of the United Nations that develops uniform labor and employment standards internationally, encourages member nations to adopt those universal standards, and monitors compliance with those standards by those nations that have adopted them.
The idea espoused by advocates of workers’ rights and environmental issues that corporations should behave as good global citizens: that multinational corporations have the ethical obligation to behave in fair and humane ways toward their workers, wherever they are located, and to pursue “green” policies and practices to protect the environments in which they operate, wherever they are, is called “___ corporate responsibility.”
The U.S. has ratified 14 of 189 ILO Conventions, including two of the “fundamental” conventions, or ILO's ___ labor standards: No. 105 on the Abolition of Forced Labor and No. 182 on the Elimination of the Worst Forms of Child Labor. 
The ___ Act amended the Security Exchange Act and several other statutes to include whistleblower protection of employees who report improper conduct concerning securities fraud and corruption by corporate officials.
Shortly after F.D.R.’s announcement proposing increasing the number of justices on the Supreme Court, the Court issued a pro-worker decision in West Coast Hotel v. Parrish (1937), upholding a Washington state law ___ wages and working conditions for women and children that was similar to a NY law the Court had recently overturned. That decision was followed by numerous other decisions upholding pro-worker federal and state law statutes.
In 14 Penn Plaza LLC v. Pyett (2009) (5-4) the Supreme Court extended Gilmer’s ruling, holding that a provision in a collective bargaining agreement (that the union negotiated, not the individual employee) that clearly and unmistakably requires union members to arbitrate ADEA claims is ___ as a matter of federal law.
The tort of defamation is a false, harmful statement communicated __ a third person.
In Gilmer v. Interstate/Johnson Lane Corporation (1991) (7-2) the Supreme Court held that an employee’s right to litigate a claim that their employer discriminated against them based on their age could be subjected to compulsory arbitration (rather than a right to __ to court) based on an employment contract they signed.
Under the public policy exception to employment-at-will, termination is illegal if a clear and significant mandate of law (statutory or common) is damaged if the firing is permitted to stand ___.
Circumstances that could create an employer's ___ of alcohol or drug use justifying drug testing invasion of privacy include: observed alcohol or drug abuse during work hours on company premises, apparent physical state of impairment, incoherent mental state, marked changes in personal behavior that are otherwise unexplainable, deteriorating work performance that is not attributable to other factors, accidents or other actions that provide reasonable cause to believe the employee may be under the influence at work.
A private or civil wrong or injury, caused by one party to another, which can arise from intentional conduct, or from negligent conduct, is called a ___. The most common type of ___ is a personal injury.
Although an employer may be forced into compulsory arbitration (losing the right to pursue a ___ resolution of a claim of discrimination) based on an employment contract they signed or a collective bargaining agreement their union signed, an employee can not be barred from filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), who can then bring a lawsuit in ___ against the employer if warranted.
Although the common-law presumption of at-will employment can be overcome by an express contract or by an implied contract, for example--a stated policy in an employee handbook, courts remain reluctant to infer terms and conditions of employment when the employer has not expressly granted a right to an employee. Most employee handbooks are written now with careful caveats such as—”this handbook does not create a contract and the employer may unilaterally alter ___ stated policies at its discretion and at ___ time.”
The tort of intentional infliction of emotional distress (IIED) arises from purposely outrageous conduct that causes emotional harm. The elements of a prima facie case of intentional infliction of emotional distress include: extreme and outrageous conduct by the defendant;  the defendant’s intention of causing, or reckless disregard of the likelihood of causing, emotional distress; the plaintiff’s suffering of severe emotional distress; and the distress was a direct result of the defendant’s extreme and outrageous conduct.
A(n) ___ employment contract is one in which the terms are explicitly stated, usually in writing but perhaps only verbally, and often in great detail.
Tortious ___ with contract (sometimes called tortious ___ with a prospective economic advantage) is a claim against a third party who allegedly causes the plaintiff to be fired or interferes with their ability to get a job. The third party must interfere for an improper reason, such as animosity toward the plaintiff, and not for a valid business reason, in order to be held responsible for this tort.
In many states, proving an invasion of privacy/intrusion upon ___ claim requires proving 1) “an intentional substantial intrusion” on the employees’ privacy, that 2) would be “highly offensive” to a reasonable person. (Discussing a scenario similar to one or more of the cases we discussed in class on this issue would be a good essay question.)
In the context of international employment law, “___ are the uniform codes of procedure and standards of conduct that the ILO seeks to promulgate and enforce in order to establish international standards for the fair treatment of workers among all member nations of the United Nations.”
Some of the common ways in which employers (both public and private) intrude upon their employees’ ___ include: surveillance and eavesdropping, monitoring and reviewing computer information and use, requests for information from third parties, requests for medical information, and conducting internal investigations.
Where there is an ample labor pool, due to an imbalance in resources, the balance of power in the employer/employee relationship in its natural state is on the ___ of the employer.
The ___ Act (2010), following 2008-10 Great Recession, often blamed on domino effect of bad mortgage lending practices, Congress reinstated some regulatory restrictions on the U.S. financial industry that had been considered antiquated in the 1990s, and added additional whistleblower provisions that apply to employees in the realm of banking and investments.
HIPAA, the federal Health Insurance Portability and Accountability Act (1998), which prevents unauthorized use or disclosure of health and medical information, can apply to an ___ where that ___ sponsors and administers an ___ health insurance plan and receives info from covered health care providers in order to administer the health insurance plan. (What HIPAA requires a covered ___ to do and not do would be a good essay question.)
Down
The Deferred Action for Childhood Arrivals, known as ___, is the federal DHS program first announced in 2012 that certain people who came to the United States as children and meet several guidelines may request deferred action for a period of 2 years, subject to renewal. They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer any removal action against an individual for a certain period of time.
A ___ hiring claim can arise when an employer hires an employee that the employer knows (or should have known through reasonable checks) could cause injury to others.
One way employers can avoid invasion of privacy/intrusion upon seclusion claims regarding surveillance of computer use is to implement and communicate a policy that puts employees on notice that they have no reasonable ___ of privacy in the use of a work computer.
The statute used in recent years in lawsuits seeking to establish ___ in U.S. federal court to vindicate the rights of foreign workers allegedly oppressed by U.S. multinational corporations is the Alien Tort Claims Act. This statute grants to federal courts original ___ over "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." 28 U.S.C. § 1350. 
A ___ is an employee who reports or attempts to report employer wrongdoing or actions threatening public health or safety to government authorities
A qualified privilege can be asserted as a defense to a defamation claim where the defendant, in good faith (with ___ malice), communicated the allegedly defamatory information to another person, where the other person had a need to know. Examples: performance evaluations and reference checks.
Rapid industrialization in the Industrial Revolution brought many “accidents” and injuries to employees. Tort law reformers made changes to tort laws that were employee-oriented, such as federal laws providing workers ___ for injured federal employees, then state laws imposing workers ___ insurance systems for most workers, and strict liability for imposed on employers for workplace injuries.
With the Industrial Revolution the common law view of the employment relationship shifted to a seemingly neutral position of ___. The ___ doctrine espouses that, in the absence of a contract to the contrary, neither the employee nor the employer are bound to any continued employment and either can terminate the employment relationship, at any time, for any reason, so long as the reason is not otherwise illegal.
The Supreme Court held in Chamber of Commerce of U.S. v. Whiting (2011) that 1) The Legal Arizona Workers Act’s requirement that Arizona employers use the federal E-Verify employment verification system to verify the legal status of employees is not preempted by federal immigration law, and 2) The Legal Arizona Workers Act’s suspension and revocation of business ___ of those who hire unauthorized workers is not preempted by federal immigration law.
The workers’ compensation state laws create a system that is a trade-___ in that employees do not have to prove the employer was negligent in order to receive compensation for a work-related injury, and the employer may not assert defenses of assumption of risk, contributory negligence, and the fellow-servant doctrine. In return, employees give up right to sue the employer for tort damages (which could potentially have been much higher than the available worker’s comp benefits).
Under state workers’ compensation laws, when an employee suffers an ___ arising out of and in the course of employment, the employer (or its insurance carrier) is required to pay the employee for lost work time and to cover the employee's related medical expenses.
The employee’s right to bring a tort action against an employer may be subject to significant ___, for example: state law workers’ compensation insurance systems, and preemption under the NLRA by collective bargaining agreements.
Issues and trends combining to cause the gradual decline of organized ___ in America include John L. Lewis’ miners strike during WWII, globalization making cheap labor available overseas, and the rise of individual employee rights under statutes (including EEO and other statutes) and court decisions that are not dependent on continued collective bargaining/unionization efforts.
In 1933 a new Congress, urged by a new President Roosevelt, began passing New Deal ___, some designed to improve conditions for workers, to help regulate the economy and ease the financial stress most Americans were in during the Great Depression.
There are four types of ___ of privacy tort law claims: appropriation, unreasonable intrusion upon seclusion, public disclosure of private facts, and false light. (Explaining what these are and giving an example of each would be a good essay question.)
In Arizona v. United States (U.S. 2012) the U.S. Supreme Court declared portions of an Arizona statute to be ___ by federal law. Those overturned provisions attempted to (a) create a state crime for violation of federal registration laws, (b) create a state crime for work by unauthorized "aliens", and that (c) authorized police officers to effect warrantless arrests based on probable cause of removability from the United States.
___ to the common law presumption that an employment relationship is at-will (terminable by either party at any time and for any reason) include: 1) statutory exceptions, such as antidiscrimination laws; 2) court recognition of common law wrongful discharge claims based on a public policy exception to employment-at-will; and 3) employment contracts containing set lengths of employment and limiting reasons for termination. (A hypothetical asking whether there exists an exception to the common law presumption that an employment relationship is at-will (terminable by either party at any time and for any reason) in a particular situation would be a good essay question.)
In order to comply with the Immigration Reform and Control Act of 1986, employers must ___ the employment eligibility of any employee hired by examining documents that establish both the employment authorization and the identity of the employee.
The organization of employees to oppose the employer’s sole control of all aspects of employment, and government intervention, are both forces that can intervene to shift or provide some balance to the natural ___ structure in the employment relationship.
An implied employment contract creates a contractual relationship, the terms and conditions of which must be inferred from the contracting parties’ behavior toward ___ another, for example, a company handbook that makes certain promises.
Although U.S. courts ruled that workers’ early attempts to organize labor were criminal conspiracies, legal challenges to unions began losing in 1842 when the Supreme Judicial Court of Massachusetts held in Commonwealth v. Hunt that unionized workers could be indicted only if either their means or their ends were illegal, and that the “tendency” of organized labor to diminish the employer’s gains and profits was not in itself a ___.