A key legal question in the case NAACP v. North Hudson Regional Fire & Rescue was whether the plaintiffs had established a prima facie case of disparate impact based on the defendant’s use of a(n) _______.

The after-acquired-evidence doctrine says that if an employer fires an employee for an unlawful or illegal reason, then discovers employee misconduct that would justify a lawful termination, the complaining employee is barred from all forms of relief, including back pay.

In employment law cases, _____ damages are intended to punish the employer in cases of serious, intentional violations and to create an example to affect the behavior of others.

Assume that your company located in California is hiring a Customer Service Representative, a position that is primarily done by employees who work from home.  One of the people who has applied for the position is Jane Doe, who was recently released from prison for committing a series of non-violent crimes.  What would be the likely advantages and disadvantages of hiring Ms. Doe?  In your answer, be sure to discuss the benefits and legal risks of using criminal background checks as part of the employee selection process and describe best practices for conducing background checks.

In negligent hiring claims, foreseeability focuses on those characteristics of the person being hired that render him unfit, while knowledge focuses on the nature of the position which would render injury or harm to others likely.

Under the Americans with Disabilities Act, an employer who extends a conditional offer of employment to a job candidate can make any type of medical inquiry or perform any type of medical exam, provided that all persons hired to perform the same type of work are subjected to the same inquiries or exams, regardless of their disability status. 

All of the following are required under the Immigration Reform and Control Act EXCEPT:

In retaliation cases, opposition refers to involvement in the enforcement of an antidiscrimination law, such as by filing a charge, bringing a lawsuit, giving testimony, and assisting in the investigation of a discrimination charge. 

Mandatory precedent refers to legal decisions from other jurisdictions or from higher courts outside the jurisdiction that are not binding but may influence a court’s decision-making process.

Under the ______ bias theory, an employer may be liable for discrimination irrespective of a higher-level manager’s lack of discriminatory intent, as long as the manager’s decision was influenced by a biased supervisor.