Age Discrimination Litigation

ebook

By Cathy Ventrell-Monsees

cover image of Age Discrimination Litigation

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Format

ebook

Author

Cathy Ventrell-Monsees

Publisher

James Publishing

Release

20 April 2023

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Subjects

National Litigation Practice Guide

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REVISION 17 HIGHLIGHTS

In this new edition of Age Discrimination Litigation, Author Cathy Ventrell-Monsees has reworked and revised every chapter. The result is a user-friendly, single-volume book that provides comprehensive coverage of the substantive law, as well as practical instruction on handling an ADEA case, from client intake to settlement. The highlights include new and updated text covering:

Filing Charges and Lawsuits

  • The form and content of an EEOC charge, with samples and drafting tips
  • Equitable tolling v. equitable estoppel

    Proving Age Discrimination

  • A detailed discussion of the ADEA causation standard, with analysis of Supreme Court decisions establishing that "but for" causation is a sweeping standard that allows for more than one "but for" cause
  • How to frame your evidence to prove discrimination
  • How to demonstrate pretext and challenge the employer's alleged legitimate reasons for the adverse action
  • Arguments and strategies to establish age-related comments as evidence of bias

    Remedies: Tips for maximizing your client's damages

    Summary

  • How to demonstrate disparate treatment
  • How to cast doubt on the employer's stated reasons for its conduct
  • How to challenge judge-made rules and inferences that favor employers, including the "same bad actor" and "same age group" inferences
  • How to prevent the employer from using its "business judgment" as a shield for discrimination

    Settlement: Comprehensive coverage of the OWBPA and EEOC regulations re: a "knowing and voluntary" waiver or release

    Representing Multiple Plaintiffs

  • Opt-in plaintiffs – when is piggybacking allowed/not allowed
  • Two-stage certification procedure
  • Dealing with companion EEOC litigation
  • Proving discrimination

    AND more

    • Format

    ebook

    Author

    Cathy Ventrell-Monsees

    Publisher

    James Publishing

    Release

    20 April 2023

    Share

    Subjects

    National Litigation Practice Guide
    Age Discrimination Litigation