37:575:316- Midterm Exam Guide - Comprehensive Notes for the exam ( 21 pages long!)

• School: Rutgers University
• Department: Labor Studies and Employment Relations
• Course: 37:575:316
• Professor: J.Cooney

Document Summary

Sources of law: constitution, u. s, state, statutes (laws)- most commonly found in employment lawsuits, federal. Title 1964 vii created eeoc created regulations: state, regulations, cfr- code of federal regulations, common law, contracts, torts. Iied- intentional infliction of emotional distress: case law (court decisions) Statute: (volume)42 usc (united states code) section 1981. Patterson - v - mclean credit union (us 1989: facts, bank teller, female african american. V - : applies for promotion, denied, racial harassment by supervisor, wins, appeals to us court of appeals, sues under sec. 1981; us district court: employment terminated laid off , race discrimination: laid off, harassment, denied promotion, whether can bring claims under all 3, procedure, issues, holding. Yes, new contract that was denied to : congressional amendment, congress changed law to include harassment, termination, etc (adverse employment action) Interpretation of 1981 would alter outcomes public & private. Lower courts must follow all higher court decisions. All courts generally should follow prior decisions.