Litigating Employment Discrimination Cases

ebook Volume 1 · Litigating Employment Discrimination Cases (2017)

By Andrew H. Friedman

cover image of Litigating Employment Discrimination Cases

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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:

  • Disengagement letter, with discussion of six purposes the letter must serve
  • Converting important documents into forms
  • Preserving/destroying documents
  • Notifying regulators, if necessary
  • Thanking and paying referral source, if any
  • 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]
  • Litigating Employment Discrimination Cases