Litigating Employment Discrimination Cases

Litigating Employment Discrimination Cases

by Andrew H. Friedman

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Overview

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

Product Details

ISBN-13: 9781949517187
Publisher: LexisNexis
Publication date: 02/22/2019
Sold by: Barnes & Noble
Format: NOOK Book
File size: 2 MB

Table of Contents

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

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