Litigating Employment Discrimination Cases
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The 2019 edition of Litigating Employment Discrimination Cases is packed with up-to-date coverage of bedrock employment law principles; detailed analyses of current trends in the law; and use-it-today practical advice. The highlights include new and updated text re:
Federal Statutes Prohibiting Discrimination
- Scope and application of the religious organization exemption (Title VII)
- EEOC investigation: allowable scope; breadth of subpoena power
- Updated and expanded coverage of scope and substance of ADA, Sarbanes-Oxley, and FLSA
Theories of Discrimination
- Mixed-motive standards in disability discrimination cases
- Disparate treatment discrimination: use of time-barred acts as relevant background evidence
- ADA cases: working from home as reasonable accommodation; rescission of previously granted accommodation
- 17 tried and true methods to generate business
- How to handle requests for an explanation of why a case is rejected
- Strict requirements which the referral and referring attorney must meet in order to pay and collect a referral fee
- Plaintiff’s counsel: help your client move beyond clinical, dispassionate descriptions of the harassment
- Expanded and updated coverage of objections
- Taking breaks
- Cautionary note to defense counsel: Not every fact is material
- Has the time come to abandon McDonnell Douglas burden-shifting test?
- Establishing pretext: use the “adverse inference” doctrine; no “smoking gun” required
- Defeating hearsay arguments
Resolution Without Trial
- Mediation: updated and expanded coverage of damages/attorneys’ fees, with multiple examples re: emotional distress damages, economic damages, mitigation, punitive damages, attorneys’ fees
- Arbitration: Discussing Henry Schein, Inc. v. Archer and White Sales, Inc., 139 S. Ct. 524 (2019)
- Settlement agreements: Updated and expanded coverage of OWBPA review period and NY and NY state law counterpart; review of state laws prohibiting confidentiality provisions in sexual harassment and related cases
Bankruptcy Issues in Employment Litigation
- Electronic filing update, including sample form request for special notice or to be added or removed from courtesy notification of electronic filing (NEF)
- Legal standard for determining relief from stay motion — cause, with examples of relief granted/denied
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Table of contents
CHAPTER 1 FEDERAL STATUTES PROHIBITING DISCRIMINATION
CHAPTER 2 THEORIES AND PROOF OF DISCRIMINATION
CHAPTER 3 RELATED STATE TORTS
CHAPTER 4 CASE EVALUATION
CHAPTER 5 PLEADING
CHAPTER 6 DISCOVERY
CHAPTER 7 EXPERT WITNESSES
CHAPTER 8 SUMMARY JUDGMENT PRACTICE AND PROCEDURE
CHAPTER 9 PRE-TRIAL PROCEDURES AND DOCUMENTS
CHAPTER 10 RESOLUTION WITHOUT TRIAL
CHAPTER 11 BANKRUPTCY ISSUES IN EMPLOYMENT LITIGATION
CHAPTER 12 INSURANCE ISSUES IN EMPLOYMENT LITIGATION