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Defending and Preventing Employment Litigation, 2017 Edition

Defending and Preventing Employment Litigation, 2017 Edition

By Gerald S. Hartman, Gregory W. Homer
Format
Looseleaf
$489.00

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Overview

Developed by two of the leaders in the field, Defending and Preventing Employment Litigation provides expert insight on preventing, preparing for and managing employment litigation in one single volume. Written by Gerald S. Hartman, Esq., and Gregory W. Homer, Esq., this manual can help you prevent and - if necessary - prepare for and manage costly and potentially disastrous employee lawsuits.

You'll receive:

  • Authoritative guidance to help you minimize employment lawsuits, manage outside counsel, contain litigation costs, and optimize litigation results
  • Extensive citations to key cases, laws, regulations, guidelines and standards
  • FREE companion CD featuring full text of federal and state legislation and regulations.

Also, you'll find a wealth of expert insight on:

  • How to develop internal procedures that can reduce the number of employment disputes and prevent those that do arise from becoming full-blown lawsuits
  • How to determine when it is necessary to retain outside counsel for a specific employment dispute or lawsuit
  • How to optimize results and contain costs by effectively managing your working relationship with outside counsel
  • What are the new requirements placed on federal contractors by the Executive Order entitled “Fair Pay and Safe Workplaces” and its implementing regulations
  • What are the ADA provisions regarding “voluntary medical examinations” and the final rules issued by the EEOC under the ADA covering how this exemption applies to employee wellness programs

Defending and Preventing Employment Litigation can help you better understand and manage every phase of the litigation life-cycle - from the initial employee complaint through the final resolution of the case.

With Defending and Preventing Employment Litigation on your bookshelf, you'll have instant access to vital commentary and citations in the areas that concern you most, including how to defend against harassment, age discrimination and disability discrimination claims; how to avoid charges of retaliation; FMLA compliance; avoiding liability for wrongful discharge and related state law claims; and much more.

Last Updated 03/16/2017
Update Frequency Published annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781454884446
SKU 10045311-7777
Table of Contents

1. UNDERSTANDING THE STRUCTURE OF EMPLOYMENT DISCRIMINATION CLAIMS

  • Intentional Discrimination: Disparate Treatment Theory
  • Unintentional Discrimination: Disparate Impact Theory
  • Reverse Discrimination
  • Failure to Accommodate
  • Individual Versus Class Suits

2. STATUTORY SOURCES FOR RACE, NATIONAL ORIGIN, GENDER, RELIGIOUS, AND GENETIC DISCRIMINATION CLAIMS AND DEFENSES

  • Sources of Claims and Covered Entities: Title VII, Civil Rights Act of 1866, and Executive Order 11246
  • Prohibited Acts Under Title VII, Section 1981, and Executive Order 11246
  • Special Defenses
  • Gender-Based Wage Discrimination
  • Religious Discrimination
  • Genetic Information Nondiscrimination

3. HARASSMENT CLAIMS AND DEFENSES

  • What Constitutes Actionable Sexual Harassment?
  • Analytical Framework of Employer Liability for Sexual Harassment
  • Preserving the Reasonable Investigation Defense
  • Use of Experts to Establish or Attack Affirmative Defenses
  • Suggestions for Preventing and Responding to Harassment Claims
  • Alternative Causes of Action
  • Harassment Cases and Federal Rule of Evidence 412

4. AGE DISCRIMINATION CLAIMS AND DEFENSES

  • Purpose of the Age Discrimination in Employment Act
  • Coverage
  • Protected Individuals
  • Illegal Practices
  • Affirmative Defenses
  • Reductions in Force and Waivers of ADEA Rights

5. DISABILITY DISCRIMINATION CLAIMS AND DEFENSES

  • Sources of Claims: The Rehabilitation Act, the Americans with Disabilities Act, and State Law
  • Title I of the ADA - Employment
  • Relationship to Workers' Compensation
  • Effect of Statements Made Regarding Disability in Social Security and Workers' Compensation Cases

6. RETALIATION

  • Retaliation in General
  • Protected Conduct
  • Employee Misconduct
  • Sarbanes-Oxley Whistleblower Protections

7. FEDERAL LEAVE LAWS: FMLA AND USERRA

  • The Family and Medical Leave Act
  • Uniformed Services Employment and Reemployment Rights Act

8. ENFORCEMENT AND REMEDIES UNDER FEDERAL EMPLOYMENT LAWS

  • Administrative Prerequisites to Suit and Limitations Periods
  • Limitations Periods
  • Right to Jury Trial
  • Remedies
  • The Use of After-Acquired Evidence

9. PRACTICAL APPLICATION OF STATISTICS

  • Disparate Treatment and Impact Theories of Discrimination
  • Typical Statistical Analysis in a Litigation Setting
  • Expert Testimony in Determining Back Pay and Front Pay
  • OFCCP's Standards on Compensation Discrimination
  • Statistical Self-Evaluations
  • Proper Use of Statistical Evidence in Hiring Cases

10. WAGE AND HOUR ISSUES

  • Coverage
  • Exemptions
  • Compensable Hours Worked
  • Effect of Bonuses on the "Regular Rate" of Pay
  • Collective Actions
  • Recordkeeping
  • Written Policies

11. WRONGFUL DISCHARGE AND RELATED STATE LAW CLAIMS

  • The At-Will Doctrine
  • Statutory Restrictions
  • Emerging Court-Made Limitations
  • Other Legal Doctrines
  • Impact of Other Remedies
  • Litigation Issues
  • Remedies
  • Avoiding Liability

12. WORKPLACE PRIVACY ISSUES

  • Workplace Searches
  • Surveillance and Monitoring
  • Amended Fair Credit Reporting Act

13. ADDITIONAL LITIGATION ISSUES

  • Arbitration as an Alternative Forum
  • Uses and Value of Jury Research
  • Attorneys' Fees

14. ETHICAL CONSIDERATIONS

  • Providing Legal Representation to Employees Named as Defendants
  • Lawyer as Witness
  • Ex Parte Communications with Current and Former Employees
  • Tape Recording Witnesses
  • Positional Conflicts
  • Misdirected Documents and Faxes

15. WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT

  • Coverage
  • Notice Obligations
  • WARN Exemptions
  • Enforcement and Penalties
  • "Baby" WARN Acts

16. RESTRICTIVE COVENANTS

  • Restrictive Covenants Are Governed by State Law
  • Covenants Not to Compete
  • Nonsolicitation/Nonacceptance Agreements
  • Other Noncompete Type Obligations
  • Managing Risk Associated with Restrictions on Competitive Employment

Table of Cases

Table of Statutes and Regulations

Index

Volumes