Litigating Employment Discrimination Cases

ebook ∣ Volume 1 · Litigating Employment Discrimination Cases (2018)

By Andrew H. Friedman

cover image of Litigating Employment Discrimination Cases

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Format

ebook

Series

Litigating Employment Discrimination Cases (2018)

Author

Andrew H. Friedman

Publisher

James Publishing

Release

22 February 2019

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Subjects

National Employment & Labor Law Practice Guide

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The 2018 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 on these issues:

Federal Statutes Prohibiting Discrimination

  • Scope of employee rights under USERRA
  • Whether anti-retaliation protection for "whistleblowers" in the Dodd-Frank Act extends to individuals who report misconduct internally, but not to the SEC
  • Public employee's constitutional right to privacy re: private, off-duty sexual behavior

    Theories and Proof of Discrimination

  • ADA "interference" claims
  • Retaliation, including detailed analysis of:
  • What constitutes "protected activity"
  • "Manager's Rule
  • Complaining to someone other than the employer
  • Establishing causal connection between protected activity and adverse action
  • Recurring proof issues

    Case Evaluation

  • 9 ways to minimize "implicit bias" in your earliest interactions with potential clients.
  • How and why to conduct "opposition research" on your client/prospective client
  • Ethical considerations in establishing fee arrangements

    Pleading

  • Tolling of state law claims during pendency in federal court
  • Pleading allegations re: diversity and inclusion pledges, with sample language
  • Removal, including lengthy, detailed and practical discussion of governing law and procedure

    Discovery

  • How to protect the attorney client privilege when you retain a public relations firm

    Summary Judgment

  • Effect summary adjudication as to federal claims and declination of supplemental jurisdiction over state law claims
  • Combating the RIF or layoff defense

    Resolution Without Trial

  • Pros/cons of making a specific monetary settlement demand or offer
  • Impact of Tax Cuts and Jobs Act
  • Potential tax consequences for defendant-employer of including confidentiality provision in settlement agreement
  • Offers of judgment: Detailed discussion and analysis of governing law and procedure, plus practical tips and strategies

    • Format

    ebook

    Series

    Litigating Employment Discrimination Cases (2018)

    Author

    Andrew H. Friedman

    Publisher

    James Publishing

    Release

    22 February 2019

    Share

    Subjects

    National Employment & Labor Law Practice Guide
    Litigating Employment Discrimination Cases