CHAPTER 1 FEDERAL STATUTES PROHIBITING DISCRIMINATION
CHAPTER 2 THEORIES AND PROOF OF DISCRIMINATION
CHAPTER 3 RELATED STATE TORTS
CHAPTER 4 CASE EVALUATION
CHAPTER 5 PLEADING
CHAPTER 6 DISCOVERY
CHAPTER 7 EXPERT WITNESSES
CHAPTER 8 SUMMARY JUDGMENT PRACTICE AND PROCEDURE
CHAPTER 9 PRE-TRIAL PROCEDURES AND DOCUMENTS
CHAPTER 10 RESOLUTION WITHOUT TRIAL
CHAPTER 11 BANKRUPTCY ISSUES IN EMPLOYMENT LITIGATION
CHAPTER 12 INSURANCE ISSUES IN EMPLOYMENT LITIGATION

Author Andrew Friedman has packed the 2017 edition of Litigating Employment Discrimination Cases with up-to-date coverage of bedrock employment law principles; detailed analyses of current trends in the law; use-it- today practical advice; and four new forms. The highlights include new and updated text on these issues:

Federal Statutes Prohibiting Discrimination

Title VII

• Race/color discrimination
• Discrimination based on religion
• Gender discrimination
• National origin discrimination
• EEOC investigation

New cases and updated coverage of hot topics arising under the ADA; ADEA; EPA; FLSA; and FMLA.

Theories and Proof of Discrimination

• Imprecise definition of “direct evidence.”
• Criticism of the McDonnell Douglas burden-shifting test.
• “Severe or (not “and”) pervasive” standard in harassment cases.
• Challenges in defining “religion” in order to establish a prima facie case.

Case Evaluation

• Use of a “scope of representation” acknowledgment, with sample language.

Summary Judgment

• Recent curtailment of the hirer-firer doctrine.

Resolution Without Trial

• Ethical obligations in settlement negotiations.
• Obtaining written settlement authorization, with sample language for short- and long-form authorization.
• Post-Settlement Issues:

1. Disengagement letter, with discussion of six purposes the letter must serve
2. Converting important documents into forms
3. Preserving/destroying documents
4. Notifying regulators, if necessary
5. Thanking and paying referral source, if any
6. Issuing 1099s.

New Forms!

• Client Instruction Letter
• Motion to Proceed Under Pseudonym and to Seal Personally Identifying Information;
• Disclosure of Corporate Affiliations [Sample 1]
• Disclosure of Corporate Affiliations [Sample 2]