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| Understanding The Structure Of Employment Discrimination Claims | |
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| Intentional Discrimination: Disparate Treatment Theory | |
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| Unintentional Discrimination: Disparate Impact Theory | |
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| Reverse Discrimination | |
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| Failure to Accommodate | |
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| Individual Versus Class Suits | |
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| Statutory Sources For Race, National Origin, Gender, Religious, And Genetic Discrimination Claims And Defenses | |
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| Sources of Claims and Covered Entities: Title VII, Civil Rights Act of 1866, and Executive Order 11246 | |
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| Prohibited Acts Under Title VII, Section 1981, and Executive Order 11246 | |
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| Special Defenses | |
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| Gender-Based Wage Discrimination | |
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| Religious Discrimination | |
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| Genetic Information Nondiscrimination | |
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| Harassment Claims And Defenses | |
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| What Constitutes Actionable Sexual Harassment? | |
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| Analytical Framework of Employer Liability for Sexual Harassment | |
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| Preserving the Reasonable Investigation Defense | |
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| Use of Experts to Establish or Attack Affirmative Defenses | |
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| Suggestions for Preventing and Responding to Harassment Claims | |
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| Alternative Causes of Action | |
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| Harassment Cases and Federal Rule of Evidence 412 | |
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| Age Discrimination Claims And Defenses | |
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| Purpose of the Age Discrimination in Employment Act Coverage | |
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| Protected Individuals | |
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| Illegal Practices | |
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| Affirmative Defenses | |
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| Reductions in Force and Waivers of ADEA Rights | |
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| Disability Discrimination Claims And Defenses | |
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| Sources of Claims: The Rehabilitation Act, the Americans with Disabilities | |
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| Act, and State Law | |
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| Title I of the ADA - Employment | |
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| Relationship to Workers' Compensation | |
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| Effect of Statements Made Regarding Disability in Social Security and Workers' | |
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| Compensation Cases | |
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| Retaliation | |
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| Retaliation in General | |
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| Protected Conduct | |
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| Employee Misconduct | |
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| Sarbanes-Oxley Whistleblower Protections | |
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| Federal Leave Laws: Fmla And Userra | |
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| The Family and Medical Leave Act | |
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| Uniformed Services Employment and Reemployment Rights Act | |
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| Enforcement And Remedies Under Federal Employment Laws | |
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| Administrative Prerequisites to Suit and Limitations Periods | |
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| Limitations Periods | |
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| Right to Jury Trial Remedies | |
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| The Use of After-Acquired Evidence | |
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| Practical Application Of Statistics | |
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| Disparate Treatment and Impact Theories of Discrimination | |
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| Typical Statistical Analysis in a Litigation Setting | |
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| Expert Testimony in Determining Back Pay and Front Pay | |
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| OFCCP's Standards on Compensation Discrimination | |
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| Statistical Self-Evaluations | |
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| Proper Use of Statistical Evidence in Hiring Cases | |
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| Wage And Hour Issues | |
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| Coverage Exemptions | |
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| Compensable Hours Worked | |
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| Effect of Bonuses on the "Regular Rate" of Pay | |
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| Collective Actions | |
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| Recordkeeping Written Policies | |
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| Wrongful Discharge And Related State Law Claims | |
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| The At-Will Doctrine | |
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| Statutory Restrictions | |
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| Emerging Court-Made Limitations | |
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| Other Legal Doctrines | |
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| Impact of Other Remedies | |
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| Litigation Issues Remedies | |
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| Avoiding Liability | |
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| Workplace Privacy Issues | |
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| Workplace Searches | |
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| Surveillance and Monitoring | |
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| Amended Fair Credit Reporting Act | |
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| Additional Litigation Issues | |
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| Arbitration as an | |