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Sexual Harassment in the Workplace: Law & Practice, Fourth Edition Sexual Harassment in the Workplace: Law & Practice, Fourth Edition

Sexual Harassment in the Workplace: Law & Practice, Fourth Edition

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Overview

Sexual Harassment in the Workplace: Law & Practice, Fourth Edition

The law of sexual harassment is constantly evolving, and the number of sexual harassment claims is dramatically on the rise. Sexual Harassment in the Workplace, Fourth Edition, is a comprehensive guide that provides all the information you need to successfully litigate a sexual harassment claim.

Sexual Harassment in the Workplace guides you through the relevant administrative and legal proceedings, from client interviews to attorney's fees. It discusses state and federal remedies available to maximize recovery, including:

  • The development and elements of the claim
  • Sample pleadings
  • Discovery documents
  • Reviews of actual cases

Special attention is given to important topics such as:

  • Suits by alleged harassers
  • Insurance indemnification
  • Class actions
  • And many others

Sexual Harassment in the Workplace brings you up to date on the latest case law developments, including the following:

  • If an employer knows that a particular person's abusive conduct places its employees at an unreasonable risk of sexual harassment, the employer cannot escape responsibility to protect a likely future employee victim merely because the person has not previously abused that particular employee  [M.F. v. Pacific Pearl Hotel Management LLC]
  • An employee's detailed testimony regarding the content of text messages was not inadmissible hearsay and the trial court acted within its discretion in excluding evidence of sexual harassment allegations and a lawsuit by another female employee regarding a different alleged harasser. “Me too” evidence of sexual harassment of nonparty employees by same alleged harasser outside employee's presence was not subject to per se exclusion [Meeks v. Autozone, Inc.]
  • A claimant unsuccessfully sought review of the decision of the Police and Firefighters' Retirement and Relief Board that her injury allegedly resulting from workplace sexual harassment was not incurred in the performance of duty and that she was therefore not entitled to more generous retirement benefits for injuries incurred “in the performance of duty” under D.C. Code §§5-709(b) and 5-710(e) [Nunnally v. District of Columbia Police & Firefighters' Retirement & Relief Board]
  • As a matter of first impression, a one-event sexual conduct involving sexual organs can qualify as a prima facie showing to support a retaliation claim if it is severe enough [Village of Tequesta v. Luscavich]
  • Administrative hearings are quasi-judicial proceedings that must comport with due process, which requires that a judge possess neither actual nor apparent bias [Naden v. Firefighters' Pension Fund of Sugar Grove Fire Protection District]
  • The conduct of the county attorney, while deserving the disapproval it received from the district court, did not rise to the level of misconduct that would warrant the “drastic” and “penal” remedy of a court order removing an elected official from office [State v. Watkins]
  • A doctor unsuccessfully appealed a district court order that denied him relief in relation to his application for judicial review of a disciplinary decision rendered by the Iowa Board of Medicine for violations of Iowa Code section 148.6(2)(i) (2014) and Iowa Administrative Code rules 653-13.7(6) and 653-23.1(10). Actual harm to the public is not required [Rabi v. Iowa Board of Medicine]
  • An employee presented sufficient evidence to support a jury finding that she was damaged by her transfer within facility in an action against the Department of Corrections for sexual harassment and retaliation. Also, evidence supported the submission of the issue of punitive damages and amounts of awards of punitive damages [Mignone v. Missouri Department of Corrections]
  • The degree of reprehensibility of the defendant's conduct is the most important indicium of the reasonableness of a punitive damages award [Mignone v. Missouri Department of Corrections]

Note: Online subscriptions are for three-month periods.

Last Updated 08/01/2019
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9780735597655
SKU 10045163-7777
Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010073233
Table of Contents

1. SEXUALITY, SOCIAL RELATIONS, AND THE WORKPLACE

  • Sex Roles and Workplace Relations

2. HISTORY OF SEXUAL HARASSMENT LAW

  • Title VII and EEOC Guidelines
  • Quid Pro Quo and Hostile Environment Harassment
  • Federal Circuit Court Recognition of Sexual Harassment
  • EEOC Guidelines
  • Decisions after EEOC Guidelines - Meritor
  • EEOC Retreats
  • The Civil Rights Act of 1991
  • Other Statutes
  • Post-Meritor Supreme Court Decisions

3. ELEMENTS OF SEXUAL HARASSMENT CLAIMS

  • Effects of Meritor Decision
  • Effects of Harris Decision
  • Effects of Faragher and Burlington Decisions
  • Elements of a Sexual Harassment Claim
  • Types of Claims

4. PREPARING THE SEXUAL HARASSMENT CASE

  • Client Representation
  • Interview Checklist
  • Remedies Available

5. ADMINISTRATIVE PROCEDURES

  • Actions
  • Filing Charges
  • Investigation
  • Settlement
  • Conciliation and Arbitration

6. TRYING THE SEXUAL HARASSMENT CASE: PRETRIAL MATTERS

  • Procedural Requirements
  • Class Action Litigation
  • Preparing the Pleadings
  • Pretrial Matters

7. TRYING THE SEXUAL HARASSMENT CASE: TRIAL MATTERS

  • Trial Matters
  • Proof Issues
  • Settlement and Costs
  • Remedies
  • Appeals

8. EMPLOYER DEFENSES

  • Order and Burden of Proof
  • Characterizing Employee Conduct
  • Terms and Conditions of Employment Not Affected
  • Lack of Notice
  • Prompt and Appropriate Remedial Action
  • Company Policy and Grievance Procedures
  • Business Reasons for Employment Decisions
  • Retaliation
  • Constructive Discharge

9. SEXUAL HARASSMENT CLAIMS UNDER OTHER CIVIL RIGHTS LAWS

  • Section 1983 Claims
  • Defendants in § 1983 Claims
  • Elements of § 1983 Claims
  • Remedies
  • Other Possible Bases for Claims

10. COMMON LAW LIABILITY AND COMPENSATORY DAMAGES

  • Effect of State Antidiscrimination Laws
  • Employer Liability Under Common Law Theories
  • Tort Claims Based on Sexual Harassment
  • The Common Law Tort of Sexual Harassment
  • Workers' Compensation Statutes

11. ACTIONS BY ALLEGED HARASSERS AND OTHER SPECIAL ISSUES

  • Actions by Alleged Harassers
  • Unemployment Compensation Sought By Victim of Harassment
  • Indemnification
  • Criminal Sanctions

12. STATE-BY-STATE SURVEY OF SEXUAL HARASSMENT LAW
Appendices (note that the appendices do not appear in the print version)

  • Appendix A Sample Complaints
  • Appendix B Sample Plaintiff's Questions for Voir Dire
  • Appendix C Sample Interrogatories to Defendants
  • Appendix D Sample Brief Opposing Defendant's Motion to Compel Answers to Interrogatories
  • Appendix E Sample Plaintiff's Request for Production of Documents
  • Appendix F Sample Plaintiff-Appellants' Brief re Same Sex Harassment
  • Appendix G Sample Plaintiff's Reply Memorandum in Support of Motion to Remand to State Court
  • Appendix H Sample Defendant-Appellant's Reply Brief re Jury Instructions and Damages
  • Appendix I Sample Petition or Rehearing and Request for Publication
  • Appendix J Sample Plaintiff's Brief for Attorney's Fees
  • Appendix K Sample Memorandum in Support of Plaintiff's Motion to Certify a Class
  • Appendix L Sample Brief Amici Curiae of Twenty-One Organizations Committed to Equality for Working Women in Support of Plaintiff-Appellant
  • Appendix M Guide to the University of Pennsylvania Sexual Harassment Policy
  • Appendix N EEOC: Policy Guidance on Sexual Harassment
  • Appendix O EEOC: Enforcement Guidelines on Vicarious Employer Liability for Unlawful Harassment by Supervisors
  • Appendix P EEOC: Policy Guide on Employer Liability for Sexual Favoritism under Title VII
  • Appendix Q EEOC Policy Guidance on Compensatory and Punitive Damages under the Civil
  • Rights Act of 1991
  • Appendix R Civil Rights Act of 1991
  • Appendix S Sexual Harassment Charges EEOC & FEPAs Combined: FY 1997 - FY 2008
  • Table of Cases
  • Table of Statutes
  • Index
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