Litigating Employment Discrimination Cases

A practical work for experienced plaintiff and defense lawyers. Proven tactics, pattern arguments, common mistakes, and over 100 forms for evaluation, discovery, summary judgment, trial preparation, and mediation.

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2019 Edition
ISBN: 9781949517576
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2019 Edition
ISBN: 9781949517576
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Product description

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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

Case Evaluation

  • 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

Depositions

  • Plaintiff’s counsel: help your client move beyond clinical, dispassionate descriptions of the harassment
  • Expanded and updated coverage of objections
  • Taking breaks

Summary Judgment

  • 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