Litigating Employment Discrimination Cases PDF Download

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 DiscriminationScope and application of the religious organization exemption (Title VII)EEOC investigation: allowable scope; breadth of subpoena powerUpdated and expanded coverage of scope and substance of ADA, Sarbanes-Oxley, and FLSATheories of Discrimination Mixed-motive standards in disability discrimination casesDisparate treatment discrimination: use of time-barred acts as relevant background evidenceADA cases: working from home as reasonable accommodation; rescission of previously granted accommodationCase Evaluation17 tried and true methods to generate businessHow to handle requests for an explanation of why a case is rejectedStrict requirements which the referral and referring attorney must meet in order to pay and collect a referral feeDepositionsPlaintiff's counsel: help your client move beyond clinical, dispassionate descriptions of the harassmentExpanded and updated coverage of objectionsTaking breaksSummary JudgmentCautionary note to defense counsel: Not every fact is materialHas the time come to abandon McDonnell Douglas burden-shifting test?Establishing pretext: use the "adverse inference" doctrine; no "smoking gun" requiredDefeating hearsay argumentsResolution Without TrialMediation: updated and expanded coverage of damages/attorneys' fees, with multiple examples re: emotional distress damages, economic damages, mitigation, punitive damages, attorneys' feesArbitration: 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 casesBankruptcy Issues in Employment LitigationElectronic 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