Question Breakdown on Final Content Questions Equal Employment 21 Environmental 6 Intellectual Property 9 Consumer Protection 10 International Total 53 Final Exam Tuesday, December 18 @ 9:55 MC 122 Mindtap Set at Dec 20. No extensions – Do before exam

Chapter 18 - Equal Employment Disparate Impact/Disparate Treatment. What is the difference between disparate-treatment discrimination and disparate-impact discrimination? No discriminatory intent required for disparate impact cases Elements of Discrimination. What are the elements of a prima facie case of discrimination? Member of class Qualified for the job (applied for it) Rejected Employer filled with a person not in protected class or still looking Showing of PRETEXT – real reason is discrimination is required to win – not to reach prima facie case. Shift of Burden. What happens after the plaintiff establishes a prima facie case? Defenses. What are the defenses? Business necessity Disparate Treatment - There was a legitimate, nondiscriminatory reason for the firing/lack of hiring Disparate Impact – The “test” or requirement was needed Bona Fide Occupational Requirement (very limited – usually sex based)

Chapter 18 - Equal Employment, page 2 After Acquired Evidence. Understand after acquired evidence rule. Intent. Is discriminatory intent required in a disparate impact case? Boss, Co-Worker, Customer. For whose acts can employer be liable for sexual harassment? Boss, coworker, customer? Hostile work environment? What are the employer’s defenses? Does it matter if the employer did not know? Harassment policy. Quid Pro Quo Damages. What are the damages for title VII? Back pay, promotions, reinstatement. Age Discrimination. Age discrimination, what age, what is required to establish a prima facie case. Defenses? Disability discrimination – prima facie case? Reasonable accommodation. It’s all about reasonable accommodation and what is reasonable. Religious – reasonable accommodation Reverse Discrimination/Affirmative Action (quotas) – Making up for past discrimination = reason for affirmative action

Consumer Protection Truth-in-Lending. What is the Truth-in-Lending act and when does it apply? Fair Credit Reporting. What is the Fair Credit Reporting Act and when does it apply? Key Discussed Legislation. Know the names/basic rules of other key legislation – descriptive names Deceptive Advertising (puffery versus false) Sales (door-to-door, telephone, used cars) Credit Protection Fair Debt Collection Bait and switch Unsolicited Mail FTC Orders. What are counter advertising and cease and desist? Have to tell government/FTC of injuries Deceptive Advertising. When will advertising be deemed deceptive? (Mislead a reasonable consumer). Puffery Government Actions: recall, fines, ban

Final Review – Environmental - chapter 21 Nuisance (compared to negligence) – may sue for injunction and damages unreasonably interfering with right to enjoy property Will weigh benefits before an injunction is ordered Negligence requires additional element of duty of care and breach of the duty Environmental Impact Statement. When is an environmental impact statement required? Major (if any doubt call it major) Federal Criminal and civil penalties may apply. Superfund. Who can the EPA recover costs from under superfund? Shippers to the site Generators of the waste Former owners of the waste site Current owners of the waste site Potentially others Nuisance (compared to negligence) -- may sue for injunction and damages – unreasonably interfering with right to enjoy property.

Review Intellectual Property Trademark – indefinite life (common terms) Business names Products Symbols Copyright – life of author plus 70/95 yrs Works of art Literature Software Patent – 20 years Inventions Process (software) Be able to answer a question: “what intellectual law would you use to protect _____ (a book, a new mouse trap, a slogan, etc.)

International Law Comity. What is the principle of comity? Act of State. What is the Act of State Doctrine? What is the difference between confiscation and expropriation? Foreign Sovereign Immunities. What is the Foreign Sovereign Immunities Act of 1976? Letters of Credit Quotas, Tariffs. Differences between quotas, tariffs, and dumping. Int’l Contract Issues. What is are choice of forum and choice of law clauses, what are the differences? Export/Import Issues. What are the different types of export and import methods: licensing, direct, agent and joint venture. Employment Discrimination Internationally. Do U.S. laws prohibiting employment discrimination apply in all circumstances to U.S. employees working for U.S. employers abroad? What about foreign employees working abroad for U.S. companies? WTO and most favored nation concepts