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Litigating Employment Discrimination Cases

Publisher: James Publishing

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2017 Edition
ISBN: 9781945421730
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2017 Edition
ISBN: 9781945421730
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$311.00
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Litigating Employment Discrimination Cases

REVISION 12 HIGHLIGHTS

Author Andrew Friedman has packed the 2017 edition of Litigating Employment Discrimination Cases with up-to-date coverage of bedrock employment law principles; detailed analyses of current trends in the law; use-it- today practical advice; and four new forms. The highlights include new and updated text on these issues:

Federal Statutes Prohibiting Discrimination

Title VII

  • Race/color discrimination
  • Discrimination based on religion
  • Gender discrimination
  • National origin discrimination
  • EEOC investigation

New cases and updated coverage of hot topics arising under the ADA; ADEA; EPA; FLSA; and FMLA.

Theories and Proof of Discrimination

  • Imprecise definition of “direct evidence.”
  • Criticism of the McDonnell Douglas burden-shifting test.
  • “Severe or (not “and”) pervasive” standard in harassment cases.
  • Challenges in defining “religion” in order to establish a prima facie case.

Case Evaluation

  • Use of a “scope of representation” acknowledgment, with sample language.

Summary Judgment

  • Recent curtailment of the hirer-firer doctrine.

Resolution Without Trial

  • Ethical obligations in settlement negotiations.
  • Obtaining written settlement authorization, with sample language for short- and long-form authorization.
  • Post-Settlement Issues:
  1. Disengagement letter, with discussion of six purposes the letter must serve
  2. Converting important documents into forms
  3. Preserving/destroying documents
  4. Notifying regulators, if necessary
  5. Thanking and paying referral source, if any
  6. Issuing 1099s.

New Forms!

  • Client Instruction Letter
  • Motion to Proceed Under Pseudonym and to Seal Personally Identifying Information;
  • Disclosure of Corporate Affiliations [Sample 1]
  • Disclosure of Corporate Affiliations [Sample 2]

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