Posted: October 29th, 2022

Explain the four elements of negligence.

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In no less than 300 words (total), answer the following questions. Please organize your answers accordingly so that they are clearly organized for review (e.g. A…B…C…).
A. Explain what the race and national origin provisions of Title VII of the 1964 Civil Rights Act do and do not protect? How is race distinguished from national origin? What qualities are protected under each category?
B. Explain what disparate treatment is. Give an example of how an employer might violate the race provisions of the Civil Rights Act by way of disparate treatment?
C. Explain what disparate impact is. Give an example of how an employer might violate the national origin provisions of the Civil Rights Act by way of disparate impact?
In no less than 300 words (total), answer the following questions. Please organize your answers accordingly so that they are clearly organized for review (e.g. A…B…C…).
A. Who does the Age Discrimination in Employment Act (ADEA) cover? Who does it not cover? What was the legislative intent (i.e. reasoning) behind this distinction? Give an example of how an employer might violate the ADEA.
B. What statuses or choices does the Pregnancy Discrimination Act (PDA) cover? What does it not cover? What was the legislative intent (i.e. reasoning) behind these distinctions? Give an example of how an employer might violate the PDA.
C. What are some of the legal considerations regarding discrimination based on non-protected classes? Give an example of a non-protected class (i.e. characteristic) against which an employer could discriminate without any fear of legal consequence. Give an example of a non-protected class that might raise legal concerns for reasons of nexus to a protected class.
In no less than 300 words (total), answer the following questions. Please organize your answers accordingly so that they are clearly organized for review (e.g. A…B…C…).
A. Explain what a BFOQ is and what it does and does not protect. Which protected classes can and cannot be established as BFOQs?
B. Explain what ‘business necessity’ means in the legal context, and how it may be used to defend a BFOQ.
C. What issues have arisen from the principle of BFOQ and how have they been resolved so far? Explain the infamous Hooters case, what the arguments of both sides were, how the court ruled, and why.
In no less than 300 words (total), answer the following questions. Please organize your answers accordingly so that they are clearly organized for review (e.g. A…B…C…).
A. Explain the four elements of negligence. How are they inter-related? Give an example of a scenario for each element in which its absence would prevent the success of a negligence claim.
B. What is actual notice? Why is this important to negligence claims? Give an example of an employment negligence scenario in which an employer has actual notice of the breach.
C. What is constructive notice? Why is this important to negligence claims? Give an example of an employment negligence scenario in which an employer lacked actual notice, but had constructive notice of the breach.

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