Litigating Sexual Harassment & Sex Discrimination Cases

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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.

The previous edition's ISBN is 9781580123181.

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