Download or read book Litigating the Workplace Harassment Case written by Marlene Heyser and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, courts have recognized harassment based on criteria extending beyond sexual harassment in the workplace. As a result, litigation in this area has increased and expanded to include all protected under the Title VII of the 1964 Civil Rights Act. Litigating the Workplace Harassment Case provides a comprehensive look at litigation and settlement strategies for such cases.
Download or read book Sexual Harassment and Retaliation written by Roxella T. Cavazos and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the "MeToo" era, editors Roxella T. Cavazos and Sandra R. McCandless have brought together an impressive team of experienced attorneys to provide a much-needed resource for attorneys who litigate cases on behalf of plaintiff/employees and defendant/employers. This important new book provides guidance and best practices for attorneys who litigate claims alleging gender harassment and retaliation claims under Title VII of the Civil Rights Act. Harassment claims based on sex, not just sexual conduct or language, continue to increase. At the same time, these cases are becoming more complex and difficult to litigate. With the in-depth contributions of seasoned employment law practitioners from across the country, this important book provides a best practices guide for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers. It offers a strategic platform that the practitioner can use to assess and handle gender harassment and retaliation cases, supplying guidance for how to perform a thorough analysis of the elements that must be proven and considered throughout the litigation of a claim, including planning and defending depositions. Once a claim has been made, claim must be investigated. The book's subsequent chapters provide guidance for investigating allegations before and after they become internal or administrative claims, as well as how to examine the relevant policies which may become defenses or liabilities to overcome. Among other topics, chapters address: - Workplace harassment and model prevention policies- Investigating, preparing, and responding to the claim- Employment practices liability insurance- Representing and defending the alleged harasser- Arbitration in a harassment case- Discovering juror attitudes in sexual harassment cases- Evidentiary issues- DamagesTo assist the practitioner in litigating these cases, these topics are covered with separate chapters that address these topics from the perspective of the plaintiff and the defense: - Multi-plaintiff litigation and class actions- Discovery and deposing the alleged harasser and the witnesses for the other party- Motions for, and defending against, summary judgement- Voir dire and opening statement by the opposing party- Cross-examination- Closing argument and jury instructions
Download or read book Litigating Employment Discrimination Cases written by and published by . This book was released on 1999 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Employment Litigation Handbook written by Cathy Beveridge and published by American Bar Association. This book was released on 2010 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated and expanded edition provides experienced solutions to the procedural and important substantive problems you will encounter in assessing, settling, litigating, and appealing an employment case no matter your level of experience, whether you represent management or employee, or whether the case at hand involves harassment, discrimination, or wrongful discharge. It includes dozens of checklists, sample pleadings, interrogatories, letters, and other useful forms. These time-saving materials are also included on a CD-ROM."
Download or read book Litigating the Sexual Harassment Case written by Matthew B. Schiff and published by American Bar Association. This book was released on 2000 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether representing the plaintiff or defendant, this book provides the attorney with valuable tips on pretrial and trial tactics.
Download or read book Sexual Harassment written by Liza H. Gold and published by American Psychiatric Pub. This book was released on 2008-05-20 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive text stands alone in addressing sexual harassment from a forensic psychiatric perspective. Sexual Harassment: Psychiatric Assessment in Employment Litigation reviews the law, social science research, clinical experience, and principles of forensic evaluation relevant to the highly adversarial legal arena of sexual harassment litigation. This illuminating guide covers every aspect of psychiatric assessment in sexual harassment litigation: definition/legal history, bias/gender, credibility/malingering, "welcomeness," "reasonableness," causation, and emotional injury and damages. In an area where few training or educational opportunities exist, Dr. Gold presents a structured framework for these evaluations, including case examples that bring this framework to life. No single response or specific psychiatric problem is associated with sexual harassment. Not all experiences of sexual harassment even constitute illegal employment discrimination. The term itself covers a wide range of behaviors, from annoying to traumatic. Likewise, the responses to such events, real or perceived, are broadly diverse. Further, the difficulties and ambiguities that arise at the interface of psychiatry, the legal system, and the social issues raised by sexual harassment make the application of psychiatric knowledge and expertise in such cases uniquely challenging. This work provides invaluable assistance in helping mental health experts meet these challenges while also serving the legal system's goal of adjudicating disputes in the interest of serving justice. It emphasizes that experts should Base their evaluations and testimony on a thorough evaluation of the issues in each case. Acquire the intellectual tools needed, including familiarity with gender issues, the effects of stress and trauma, the scope and effects of sexual harassment, and an awareness of the potential biases that may influence opinions. Understand the scientific basis of their testimony. As the definitive work on the forensic psychiatric aspects of sexual harassment, this work explores and bridges the interface between the law, social science, psychiatry, and employment issues. This classic volume will provide invaluable assistance to psychiatrists and psychologists in formulating credible, well-reasoned opinions in an evolving and controversial area of the law. Other mental health professionals and educators, as well as members of the legal and human resources community, will also find that this in-depth study increases their understanding and appreciation of the complexities and challenges of psychiatric evaluations in sexual harassment litigation.
Download or read book Litigating Employment Discrimination Sexual Harassment Claims written by and published by . This book was released on 2005 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigating Employment Discrimination Cases R14 written by and published by . This book was released on 2019-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rights on Trial written by Ellen Berrey and published by University of Chicago Press. This book was released on 2017-06-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
Download or read book Litigating the Sexual Harassment Case written by and published by Section of Tort & Insurance Practice Law. This book was released on 1994 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Investigating and Litigating an Employment Discrimination harassment Case written by Jeffrey M. Wolf and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigating the Employment Tort Case written by Daniel J. Rose and published by American Bar Association. This book was released on 2001 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Avoiding and Litigating Sexual Harassment Claims written by and published by . This book was released on 2000 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sexual Harassment in the Workplace Sexuality social relations and the workplace written by Alba Conte and published by Wolters Kluwer. This book was released on 2010-01-01 with total page 6006 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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: A new checklist of items to cover when representing an employer The U.S. Supreme Court confirmed that retaliation is actionable under Title IX where a girls' high school basketball coach claimed that he suffered retaliation for complaining about sexual discrimination in the athletic program of the school, even though he himself was not the direct victim. Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) In order to increase opportunities for mediation, the EEOC expanded the charges eligible for mediation and now mediation is available at the conciliation stage, after a finding of discrimination has been issued, in appropriate cases The U.S. Supreme Court has held that under the Federal Arbitration Act, where parties to an arbitration agreement include a provision that delegates to the arbitrator the threshold question of enforceability of the arbitration agreement, if a party specifically challenges the enforceability of the entire agreement, the arbitrator would consider the challenge. If, however, the party only challenges the enforceability of the arbitration provision, the challenge must be heard by a court. Rent-A-Center, West Inc. v. Jackson, 130 S. Ct. 2772 (2010) The lack of timeliness in filing a discrimination action is an affirmative defense and the burden of proof is on the employer. Salas v. Wisconsin Department of Corrections, 493 F.3d 913, 922 (7th Cir 2007) A federal employee's premature filing of a sexual harassment employment discrimination and retaliation complaint did not constitute a failure to exhaust administrative remedies so as to deprive the district court of subject-matter jurisdiction. Brown v. Snow, 440 F.3d 1259 (11th Cir. 2006) A majority of states impose a shorter period for filing with their agencies, though, so the filing deadline is not always extended when a state has its own agency The andquot;single filing ruleandquot; - under which a party who has not filed an EEOC charge or received a right-to-sue notice may andquot;piggybackandquot; his or her judicial action on the claim of a party who has satisfied those prerequisites - has been described as a andquot;carefully limited exceptionandquot; to Title VII's procedural requirements. Price v. Choctaw Glove and Safety Co., 459 F.3d 595 (5th Cir. 2006) Provided that an act contributing to the claim occurs within the filing period, the court may consider the entire period of the hostile environment for purposes of determining liability. Jordan v. City of Cleveland, 464 F.3d 584 (6th Cir. 2006) The Supreme Court has held that a plaintiff's timely filing of an EEOC intake questionnaire, which was followed by an affidavit stating andquot;Please force Federal Express to end their age discrimination . . .andquot; constituted a charge, cautioning, however, that its permissiv
Download or read book Litigating Employment Discrimination and Employment related Claims and Defenses in Federal and State Courts written by and published by . This book was released on 2009 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Excuse Factory written by Walter K. Olson and published by Simon and Schuster. This book was released on 1997 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Excuse Factory will spur outrage and spark a national debate about the role of government in the workplace. Olson's expose is certain to shake up the legal industry, rattle government regulators, and cause thousands of workers and managers to nod in vigorous agreement.
Download or read book The Essential Guide to Handling Workplace Harassment Discrimination written by Deborah England and published by NOLO. This book was released on 2009 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers the practical realities of applying the law on a day-to-day basis and answers all the common questions, covering: what harrassment is and how to stop it, when and how discrimination occurs, how to conduct training, how to handle employee complaints, and much more. Original.
