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Lexis Nexis Litigating Sexual Harassment & Sex Discrimination Cases
Practical information for employers and human resource departments on avoiding sexual harassment and sex discrimination claims.
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James Publishing
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Product description
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REVISION 23 HIGHLIGHTS
This new edition of Litigating Sexual Harassment & Sex Discrimination Cases is packed with dozens of new case citations and practice tips throughout the book. The highlights include new and expanded coverage of:
STATUTORY AND OTHER GROUNDS FOR LIABILITY
- “Honest belief” rule as applied to employer’s explanation for adverse action
- Proving discrimination to a jury via mosaic method
- Proof of reasonable fear of retaliation to defeat employer’s affirmative defense
WORKPLACE INVESTIGATIONS
- Plaintiff’s failure to report harassment is not per se unreasonable
- Telling alleged harasser to “act professionally” is insufficient response to complaint of harassment
PLEADING
- Tip: Leave no room for “decision before the complaint” defense
- Proof of employer’s concerted effort to force plaintiff to quit may support Infliction of emotional distress claim
- Benefits of pleading both FMLA and Title VII violations in wrongful termination case
- When and how to meet test for piercing the corporate veil
- New Task: File Motion to Strike Affirmative Defenses
DISCOVERY
- Notice of Rule 30(b)(6) deposition:
- “including, but not limited to” language
- “catch-all” topics, such as “all applicable policies and procedures”
- material and decisions protected by work product doctrine
- When and how to suspend a deposition (short answer: as a last resort)
- One question always to ask comparator employee(s) at deposition
APPEALS
- Erroneous jury instructions
- Improper award of punitive damages
AND MORE!
Additional forms materials are available from James Publishing; access to those materials can be requested directly from James by following guidelines provided within the eBook or emailing forms@jamespublishing.com.
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