– Explain the concept of prima facie case and the three-step process for evaluating a claim under the McDonnell Douglass case.
– What is a bona fide occupational qualification? Define a BFOQ (as defined in Title VII and ADEA) and provide some examples of acceptable BFOQ categories and jobs.
– Define respondeat superior and its three elements. Provide an example of where an employees actions could cause the employer to be liable.
– Define/ describe affirmative action and explain the steps you need to take to make sure your Plan is lawful and reasonable (hint: starting with reasonable self-analysis).
– Explain and define these two types of discrimination claims: disparate treatment and disparate impact. Provide an example of each.
– Define an independent contractor and list some steps you can take to avoid misclassification.
– Define protected class and identify the classes protected under federal law and the classes protected under NJ law.
– Describe and explain quid pro quo sexual harassment vs. hostile work environment sexual harassment.