Business Law Study Review Chapters 10-12

What is the EEOC; Equal Employment Opportunity Commission what are its powers enforces most federal
antidiscrimination law, investigates job discrimination based on Race, Color, National Origin, Gender, Religion,
Age, Religion, Age, Disability, and Genetic information, Interprets statutes, Conciliation, Sue, Injuctions; what are
the classes it has jurisdiction over, members are appointed by the president
What is the EEOC complaint procedure; what are the remedies file a complaint with the EEOC alleging
discrimination, mediation, investigation, if violation found – sue on behalf of employee, Not Sue (no violation) –
issue right to sue letter, if the state has a Fair Employement Practices Agency (FEPA), employee may choose to
file complaint with it instead – additional jurisdiction areas
What is the Lilly Ledbetter Fair Pay Act May bring lawsuit within 180 days of most recent paycheck violation,
allows up to 2 years back pay for similar violations
What is the purpose of Title VII; what are the protected classes and examples of each; what agency administers it;
who/what does it apply to Race, Color, National Origin, Gender, Religion, Equal Employment Opportunity
Commission administers it, applies to employers with 15 or more employees, employment agencies, labor
unions with at least 15 members, state and local governments, most federal government employment
What is disparate treatment and disparate impact discrimination employer treats a specific individual less
favorably than other because of membership in a protected class and employer discriminates against an entire
protected class
What is protected under race and color African American, Asian, Caucasian, Native American, and Pacific
Islander
What is protected under national origin place of origin or person’s ancestors, physical, linguistic, or cultural
characteristics, and heritage
What is protected under gender; what is prohibited regarding harassment and what are the affirmative defenses
sexual orientation, gender identity, quid pro quo, sex-plus discrimination, connection with gender associated
organizations, The Pregnancy Discrimination Act
What is protected under religion requires reasonable accommodation of an employee’s religious observances,
practices, and beliefs. Marriage or association included. Not undue hardship, prohibits workplace or job
segregation
What are the defenses to a Title VII action; what is required for a bfoq Merit, Senority, Bona Fide Occupational
Qualification (BFOQ) – job related and business necessity
What does the EPA of 63 prohibit; what are the factors to determine disparity; what are the justifications for
disparity Prohibits pay discrimination based on sex, factors used to determine pay disparity, equal skill, equal
effort, equal responsibility, similar working conditions, justifications for differential pay – seniority, merit (must
have identifiable measurement standard), Quantity or quality of product, any factor other than sex
What are the provisions of ADEA Age Discrimination in Employment Act prohibits discrimination against
employees who are 40 years of age or older – allows BFOQ, Older Workers Benefit Protection Act prohibits age
discrimination in employee benefits.
What are the provisions of ADA Americans with Disabilities Act prohibits employment discrimination against
qualified persons with disabilities, physical or mental impairment that substantially limits one or more major life
activities, history of such impairment, regarded as having such impairment even if they do not
What are the provisions of GINA Genetic Information Nondiscrimination Act prohibits discrimination based on
genetic information for job applicants and employees, inadvertent discovery or voluntary submission to
employer does not violate act, misuse of information does violate act.
What is the prohibition against retaliation Prohibits retaliation for filing of discrimination charge or participation
in proceeding, includes dismissing, demoting, harassing, or other reprisals.
What are the veteran/military personnel provisions Prohibits discrimination based on past, current, or future
military obligations, requires rehiring of deployed service members upon return, requires rehiring of deployed
service members with service connected disabilities upon return (if reasonable accommodation)
What is affirmative action Affirmative Action allows employers to adopt an affirmative action plan to provide
certain job preferences protected class applicants, attempts to make up for egregious past discrimination, plan
must be narrowly tailored to achieve a compelling interest, Reverse discrimination – discrimination against
members of perceived majority classes
How do state antidiscrimination laws differ from federal laws Many state and local governments have enacted
antidiscrimination laws – may include classes protected by federal laws and persons not protected by federal
laws.

What are the differences between contractual employment and at will employment at Will Employment-
discharged any time for any reason – Statutory Exceptions – labor union members in violation of labor laws or
collective bargaining agreement, Title VII, state and federal antidiscrimination laws, Contract Exception –
implied in fact contracts created by handbook, etc.
What are the exceptions to at will employment termination Contract-cannot be discharged in violation of the
contract – contracts that cannot be performed within one year must be in writing
What is the purpose of workers’ compensation Compensates workers and their families for injuries received on
the job; claim is filed with the state agency, agency determines legitimacy of the claim, benefits are paid
according to statutory limits, exclusive remedy – workers cannot sue their employers work-related injuries
What are the requirements for insurance, what is an employment related injury, what is the exclusive remedy rule
Employers purchase insurance to cover claims, Employement-related injury – injury must arise out of and in the
course of employment. Injuries received off-premises or during personal time are generally not covered
What is OSHA; who is governed by OSHA Occupational Safety and Health Act was enacted to promote workplace
safety – The Occupational Safety and Health Administration (OSHA) enforces the Act.
What are specific duty and general duty standards; examples of each Specific duty standards, address specific
safety problems – examples include safety requirement for specific equipment, maximum exposure levels for
chemicals, limited applicability; General duty standards – work environment free from recognized hazards that
are causing or are likely to cause death or serious physical harm, examples includes slippery floor signs,
handrails on stairs, all workplace applicability.
Who does FLSA apply to Fair Labor Standards Act (FLSA) Child labor restrictions, minimum wage, overtime pay –
nonexempt employee must be paid one-and-one—half times their regular pay for each hour worked in excess of
40 hours in one week. Based on wage level
What are the restrictions on child labor, minimum wage, and overtime
What is FMLA; who is covered by it; what does it provide Family and Medical Leave Act requires unpaid time off
for medical emergencies for companies with 50 or more employees and government employees. Worked for
employer for at least one year with 1250 hours.
What is COBRA; what does it provide Consolidated Omnibus Budget Reconciliation Act – choice to continue group
health insurance after employment has ended, employee or employee’s beneficiaries, pay the group rate
premium in order to continue coverage.
What is ERISA; what does it provide Employee Retirement Income Security Act – pensions are not required ---
Governs pension administration and vesting
What is unemployment compensation; how is it funded; how is it administered; what are the eligibility
requirements and who determines them States administer programs and set eligibility requirements (with
guidance from federal), to be eligible, applicants must be able and available for work
What is Social Security; what are the 4 parts and their provisions; how is social security funded; when are you
eligible to receive SS retirement benefits Benefits includes: Retirement benefits, Survivors’ benefits, Disability
benefits, and Medical and hospitalization
What are the provisions of the Affordable Care Act Children can stay on parents insurance until age 26, No-
lifetime limits on insurance coverage, creates state insurance marketplaces, provides credits for low income
workers, requires insurance coverage for all citizens (repealed 2019)

What is real property; what is personal property; what is tangible property; what is intangible property; examples;
real property includes land and property that is permanently attached to it, personal property is everything that
is not real property. Tangible property is all real property and physical defined personal property, and intangible
property is rights that cannot be reduced to physical form. what is a fixture and how is it determined – a fixture is
any real property that is attached to buildings and not easily removable such as central air conditioning
What are the 4 categories of real property and their characteristics – Land and Buildings, subsurface
rights/airspace rights – rights to anything above or below property and buildings, plant life and vegetation –
landscaping, fixtures – see above
What is concurrent ownership two or more persons own a piece of real property
What is joint tenancy; how does this pass at death; how may it be transferred joint tenancy is when two or more
people own a piece of property together, must be expressed, passes through right of survivorship upon death to
surviving owners, can be sold as the person pleases during life
What is tenancy in common; how does this pass at death; how may it be transferred Tenancy in common is the
default form of ownership among two or more people, may be passed down by will upon death, owner may sell,
gift whenever they want without permission of other owners
What is tenancy by the entirety; how does this pass at death; how may it be transferred Tenancy by the entirety
can only involve married couples, must be expressed, passes on to the spouse who has right of survivorship,
may not be sold or gifted without consent of the other spouse.
What is community property; when is it applicable Nine states recognize this form of co-ownership, applies only
to married couples, each spouse owns one-half of assets acquired by income during marriage, property received
by gift or inheritance held before marriage belong to that partner alone.
What are the ownership characteristics of condominiums and cooperatives Condominiums are a common form of
ownership in a multiple-dwelling building. Purchasers of a condominium: Have title to their individual units, own
the common areas as a tenant in common with the other condominium owners, owners may sell or mortage
their units without the permission of the other owners, Cooperative is a form of co-ownership of a multiple-
dwelling building – a corporation owns the building, the residents own shares in the corporation
Recording Statutes require the mortgage or deed of trust to be recorded in the county’s recorder’s office of the
country in which the real property is located, gives constructive notice of interest in property.
What is adverse possession; what is required wrongful possession of another’s property obtains title if
requirements are met: Statutorily prescribed period of time, open, visible, notorious, actual and exclusive,
continuous and peaceful, hostile and adverse
What is an easements; what are the types right to make limited use of another’s property – express easements,
implied easements, easements by prescription
What are the provisions of the Civil Rights Act of 1866; the Fair Housing Act; and ADA Civil Rights Act of 1866
prohibits discrimination in selling/renting property based on race or color; Fair Housing Act prohibits
discrimination in selling, renting, financing, or advertising of housing based on race, color, national origin, sex,
religion, disability, or family status; Americans with Disabilities Act prohibits discrimination based on physical or
mental disability in public accomodations
What is eminent domain; what is required Constitutional provision that allows governments to take private
property for public use and must provide just compensation
What are the 3 requirements of a gift; who are the two parties and their roles; what is the effect of a failed gift; a
voluntary transfer of title to property without payment of consideration by the done. Three necessary elements
of a gift are donative intent, delivery, and acceptance. A failed gift = ownership remains with the donor and
property is transferred by will upon death
what is the difference between an inter vivos gift and a gift causa mortis; what are the requirements for each Gifts
inter vivos are made during a donor’s lifetime that are irrevocable present transfers of ownership, Gifts causa
mortis are made in anticipation of specific death
What is a will; when is it effective; who are the parties; what is testate and intestate Will is the declaration of how
one wants property distributed after their death. It is effective after the death of the testator who is the person
who makes the will, and the beneficiary is the person who is designated in the will that receives all or portions
of the the testators property at the time of the testator’s death
What are the requirements of a valid will; what is attestation Determined by state law; testamentary capacity,
writing, testator’s signature, attestation by witnesses – competent, two or three, can not be interested parties
How may a will be revoked; what is the effect of a subsequent will a will may be revoked by acts of the testator, if
the testator intentionally burns, tears, obliterates, or otherwise destroys it, a properly executed subsequent will
revokes a prior will if it specifically states that it is the testator’s intention to do so.
What is a holographic will; is it valid testator handwritten will and signed by the testator, has all legal force of a
will
What is a nuncupative will; is it valid Oral will that is made before a witness during the testator’s last illness
What is probate; who are the parties The process of a deceased’s property being collected, debts and taxes being
paid, and the remainder of the estate being distributed. Probate Court supervises the administration and
settlement of an estate – state court, Appoints personal representative to administer estate – executor’s named
in will, administration appointed if died intestate
What is intestate succession; what the difference between an heir and a beneficiary; what is escheat Heirs
determined by state statute, No heirs, property escheats to the state
What is a living will; what is a power of attorney, what are the types and what do they provide Allows indication of
what life saving measures are wanted, Power of Attorney – durable-make all decisions, designated for
healthcare – make all healthcare decisions