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    Defending and Preventing Employment Litigation, 2012 Edition

    ISBN-10: 1454808438
    ISBN-13: 9781454808435
    Author(s): Gerald S. Hartman, Gregory W. Homer
    Description: Developed by two of the leaders in the field, Defending and PreventingEmployment Litigation provides expert insight on preventing, preparingfor and managing employment litigation in one single volume. Written byDrinker Biddle & Reath LLP partners  More...
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    Publisher: Wolters Kluwer Law & Business
    Binding: Looseleaf - sheets only 
    Size: 12.00" wide x 11.50" long x 3.75" tall
    Weight: 4.950
    Language: English

    Developed by two of the leaders in the field, Defending and PreventingEmployment Litigation provides expert insight on preventing, preparingfor and managing employment litigation in one single volume. Written byDrinker Biddle & Reath LLP partners Gerald S. Hartman, Esq., and Gregory W.Homer, Esq., this manual can help you prevent and - if necessary - prepare forand manage costly and potentially disastrous employee lawsuits.You'll receive:Authoritative guidance to help you minimize employment lawsuits, manageoutside counsel, contain litigation costs, and optimize litigation resultsExtensive citations to key cases, laws, regulations, guidelines and standardsFREE companion CD featuring full text of federal and state legislation andregulations. Also, you'll find a wealth of expert insight on:How to develop internal procedures that can reduce the number of employmentdisputes and prevent those that do arise from becoming full-blown lawsuitsHow to determine when it is necessary to retain outside counsel for a specificemployment dispute or lawsuitHow to optimize results and contain costs by effectively managing your workingrelationship with outside counselDefending and Preventing Employment Litigation can help youbetter understand and manage every phase of the litigation life-cycle - fromthe initial employee complaint through the final resolution of the case.With Defending and Preventing Employment Litigation on yourbookshelf, you'll have instant access to vital commentary and citations in theareas that concern you most, including how to defend against harassment, agediscrimination and disability discrimination claims; how to avoid charges ofretaliation; FMLA compliance; avoiding liability for wrongful discharge andrelated state law claims; and much more.

    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
    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
    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
    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
    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
    Retaliation
    Retaliation in General
    Protected Conduct
    Employee Misconduct
    Sarbanes-Oxley Whistleblower Protections
    Federal Leave Laws: Fmla And Userra
    The Family and Medical Leave Act
    Uniformed Services Employment and Reemployment Rights Act
    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
    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
    Wage And Hour Issues
    Coverage Exemptions
    Compensable Hours Worked
    Effect of Bonuses on the "Regular Rate" of Pay
    Collective Actions
    Recordkeeping Written Policies
    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
    Workplace Privacy Issues
    Workplace Searches
    Surveillance and Monitoring
    Amended Fair Credit Reporting Act
    Additional Litigation Issues
    Arbitration as an

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