OA Bar Prep with Heather! T3BE28
Added 2024-06-12 05:32:18 +0000 UTCThe answer for T3BE27 is coming your way, and we launch our next Bar Prep question with Heather! Submit your answers below!
Comments
C! I’m so excited about this one because I worked in federal anti-discrimination law for a hot minute on the administrative side. We are federally protected against discrimination on the basis of gender and this is a federal claim. Under Title VII sex is a federally protected class which the EEOC interprets as expansive to gender identity by the way. Also generally if you’re going to file a lawsuit against an employer for discrimination in violation of Title VII you will usually just be filing for backpay, sometimes restoration of your job. The vast majority of claims that make it past investigation and are determined to have basis are resolved in mediation and don’t make it to court. Something that really excited me to learn about also was that people do file ADA claims over failure of employer to provide accommodations for ADHD and they win. Felt very validating. ADHD is one of many conditions explicitly protected.
M. D. Nova
2024-06-15 14:34:06 +0000 UTCThe answer is C for exactly the reasons Thomas said, but more importantly, he should know that subject-matter jurisdiction is like Superman/Wayne Gretzky in that it can win at any time no matter what. I think of it as the "Sir, this is a Wendy's" issue because it comes down to what the court is actually authorized to do - no matter how much time you've spent litigating at Wendy's, it's still not the right place for resolving the claim.
Dr. Clerk
2024-06-13 12:31:10 +0000 UTCFAME AND FORTUNE!!! ❤️ I'm delighted that you love my patron name, Thomas :) Rather than trying to answer this week's question, I'm going to ask a question in hopes this topic comes up in the explanation of the answer: If the Equal Rights Amendment had actually been enacted, how would that affect this situation, if at all?
can I get a CHEE-HOOOOO
2024-06-12 13:56:20 +0000 UTC
