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Sexual Harassment

Sexual Harassment
Author: Liza H. Gold
Publisher: American Psychiatric Pub
Total Pages: 316
Release: 2008-05-20
Genre: Medical
ISBN: 1585626937

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This comprehensive text stands alone in addressing sexual harassment from a forensic psychiatric perspective. Sexual Harassment: Psychiatric Assessment in Employment Litigation reviews the law, social science research, clinical experience, and principles of forensic evaluation relevant to the highly adversarial legal arena of sexual harassment litigation. This illuminating guide covers every aspect of psychiatric assessment in sexual harassment litigation: definition/legal history, bias/gender, credibility/malingering, "welcomeness," "reasonableness," causation, and emotional injury and damages. In an area where few training or educational opportunities exist, Dr. Gold presents a structured framework for these evaluations, including case examples that bring this framework to life. No single response or specific psychiatric problem is associated with sexual harassment. Not all experiences of sexual harassment even constitute illegal employment discrimination. The term itself covers a wide range of behaviors, from annoying to traumatic. Likewise, the responses to such events, real or perceived, are broadly diverse. Further, the difficulties and ambiguities that arise at the interface of psychiatry, the legal system, and the social issues raised by sexual harassment make the application of psychiatric knowledge and expertise in such cases uniquely challenging. This work provides invaluable assistance in helping mental health experts meet these challenges while also serving the legal system's goal of adjudicating disputes in the interest of serving justice. It emphasizes that experts should Base their evaluations and testimony on a thorough evaluation of the issues in each case. Acquire the intellectual tools needed, including familiarity with gender issues, the effects of stress and trauma, the scope and effects of sexual harassment, and an awareness of the potential biases that may influence opinions. Understand the scientific basis of their testimony. As the definitive work on the forensic psychiatric aspects of sexual harassment, this work explores and bridges the interface between the law, social science, psychiatry, and employment issues. This classic volume will provide invaluable assistance to psychiatrists and psychologists in formulating credible, well-reasoned opinions in an evolving and controversial area of the law. Other mental health professionals and educators, as well as members of the legal and human resources community, will also find that this in-depth study increases their understanding and appreciation of the complexities and challenges of psychiatric evaluations in sexual harassment litigation.


Litigating Employment Discrimination Cases

Litigating Employment Discrimination Cases
Author: Andrew H. Friedman
Publisher:
Total Pages:
Release: 2019
Genre: Discrimination in employment
ISBN: 9781949517576

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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 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