Litigating Sexual Harassment and Sex Discrimination Cases

Description

Step-by-Step Guidance for Sexual Harassment Litigation

Sexual Harassment and Sex Discrimination continue to be ever evolving areas of the law. Not only have the techniques used by practitioners have changed, but the law itself and the theories of liability have been in considerable flux.

Sexual harassment litigation frequently combines high stakes with challenging facts. Settlements and awards can be large, but witnesses rarely exist, sensitive personal issues can surface, differing federal and state laws regularly overlap, and on-the-spot advice is frequently required. Careful and effective advocacy is essential to success.

Affordable help is available. Aaron Maduff’s Litigating Sexual Harassment & Sex Discrimination Cases leads you step-by-step through problem areas like these:

• Sidestepping statute of limitations traps
• Assessing client’s claims and injuries
• Avoiding removal to federal court
• Opposing summary judgment motions
• Deposing harassers
• Deposing and examining experts
• Proving “he-said, she-said” cases
• Admitting and excluding sensitive evidence

Litigating Sexual Harassment & Sex Discrimination Cases is loaded with useful forms, charts, and checklists that will save you drafting time and help you avoid costly mistakes. You receive sample pleadings, client intake checklists, deposition questions, workplace prevention policies, and much more.

Helpful Tips

• “A related and developing area of the law involves the employer’s liability for sexual favoritism. The EEOC Guidelines on this issue provide that.…”
• “Retaliatory acts by an employer’s management personnel can form the basis for a number of tort claims, e.g.…”
• To assess the reasonableness of your prospective client’s expectations, ask “If we can get your job back, with any back pay, and have the harasser fired or transferred, would that be enough for you?”
• “Be very cautious about cases where the client acknowledges participating in the very conduct of which she now complains. Derrico v. Pinkerton’s Inc., ….”
• “Consider drafting the complaint and sending it to the employer along with your letter and deadline date to be contacted. It will at least insure that the issue goes up a few notches in the hierarchy.”
• “If you plan to name any individual defendants in the civil complaint, you should also name those persons in the administrative charge. Failure to name a defendant in the administrative complaint may result in….”
• “Damages on a defamation claim may be based on elements other than injury to reputation, such as….”
• 3 reasons why you should consider stipulating to a Rule 35 examination.
• “Take precautions to insure that your client is not exposed to unreasonable intrusions into her or his privacy during a mental examination. For example, you may want to stipulate that your client will not be administered.…”
• “The MMPI , which is frequently given by psychologists, contains 566 true/false questions, many of which are objectionable as violative of your client’s right to privacy. See Soroka v. Dayton Hudson Corp. ….”
• 11 questions to ask every expert in a sexual harassment case.
• Remember when deciding whether to depose the examining doctor that the plaintiff waives any privilege she or he may have regarding the testimony of “every other person who has examined the [plaintiff] ….” FRCP 35(b)(2).
• 6 grounds for opposing motions for summary judgment, with supporting authority.
• 13 situations in sexual harassment cases when you should bring a motion in limine, with citations.

Gain complete control of your litigation work-up with Litigating Sexual Harassment & Sex Discrimination Cases’ one-stop task outline approach.

The book’s distinct format combines the benefits of an in-depth treatise—including over 600 pages of insightful practice tips, up-to-date citations, and helpful forms—with a step-by-step “how to do it” outline. Each task is set up in a recognizable 4-step format that clearly explains the “what, why, when, and how” of litigating sexual harassment and sex discrimination cases, making this the only resource you will need on the subject.

You also receive hundreds of tactical practice notes culled from the authors’ years of experience litigating employment cases. Let these insightful suggestions help you plan effective strategies and anticipate your opponent’s moves.

The net result of the book’s powerful new format is a user-friendly, practice-oriented resource that will guide you through the complexities of state and federal employment litigation.

REVISION 22 HIGHLIGHTS

In this edition of Litigating Sexual Harassment & Sex Discrimination Cases, author Aaron B. Maduff has updated the book with new and revised text in 11 chapters; 3 new forms; and new practice tips throughout. The highlights include: 

NEW TASKS 

Initiating Litigation  

• TASK: Amend Complaint 
• TASK: Serve Complaint  

Discovery  

• TASK: Take 30(B)(6) Depositions of Harasser’s Employer 

Experts 

• TASK: Prepare Expert Reports 

NEW AND EXPANDED COVERAGE  

• Thoroughly revised and updated coverage of sexual orientation discrimination in light of the Supreme  Court’s decision in Bostock 
• Temporal proximity as a means of establishing a causal connection in FMLA retaliation case • Nine elements of a properly drafted complaint  
• Good reasons to include factual details in a complaint, even though federal courts require only notice  pleading 
• Pleading inconsistent theories 
• Practical advice on when to file an amended complaint 
• Strategic relationship between interrogatories and 30(b)(6) depositions 
• Working with your expert to prepare a complete expert witness report 
• Hybrid witness reports (Fed. R. Civ. Proc. 26(A)(2)(C) reports)  
• Preparing the HR representative(s) for depositions, including suggested topics for various types of  HR professionals/functions (EEO investigator; performance advisor; recruitment/hiring professional;  on-boarding/off-boarding specialist) 
• Preparing the comparator for deposition 
• Preparing the defendant’s designated representative for the 30(b)(6) deposition 

NEW FORMS 

• Summons in a Civil Action  
• Waiver of Summons 
• Notice of 30(b)(6) Deposition 

AND MORE!