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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
This work provides comprehensive coverage that keeps pace with the continuing evolution of the law relating to employment discrimination based on race, gender, religion, national origin, age, disability and union membership. Packed with analysis of applicable law, it covers contemporary workplace issues. The price quoted for the work, updated three times annually, covers one year's worth of service.
A full-text reporter of decisions rendered by Federal and State courts throughout the United States on Federal and State employment practices problems.
With case table.
Locate federal cases decided in the U.S. Supreme Court, Court of Appeals, district courts, Claims Court, bankruptcy courts, Court of Military Appeals, the Courts of Military Review, and other federal courts. This Key Number Digest contains all headnotes, classified according to West's® Key Number System, for federal court decisions reported from 1984 to the present. The topics are listed in alphabetical order. The Key Numbers within those topics are listed in numerical order. Each topic begins with scope notes about subjects included and subjects excluded and covered by other topics. Also, there is an outline of the topic, which includes a list of all Key Numbers in that topic. Headnotes are collected by jurisdiction or court and filed according to the West Key Number System®.
The essential work for employment practice is back with a brand new edition. Blackstone's Employment Law Practice 2011 is the indispensable resource for employment practitioners, providing all you need to advise clients confidently and to appear in tribunal. It draws together key legislation, procedural rules, Codes of Practice, and Practice Directions, as well as in-depth analysis of law and procedure in one convenient portable volume. Providing comprehensive coverage of practice and procedure in the employment tribunal, Employment Appeal Tribunal and Central Arbitration Committee, Blackstone's Employment Law Practice 2011 includes specialist coverage of issues that frequently arise at tribunal, such as calculation of costs, application of TUPE, and guidance on drafting of compromise agreements. Alongside the latest developments in law and procedure and guidance on the key areas of substantive law, the new edition also includes entirely rewritten chapters on equal pay and discrimination, including extensive coverage of the changes brought about by the Equality Act 2010. Other features include: - All the material you need when preparing for and during a case in tribunal or court in one convenient portable volume - Complete coverage of practice and procedure in the employment tribunal, Employment Appeal Tribunal, and Central Arbitration Committee, as well as in employment issues in the High Court and Court of Appeal - Eminent author team bring together consummate experience of every aspect of employment law and practice, ensuring unrivalled quality and clear, practical insight - Includes specialist coverage of issues that frequently arise at tribunal, such as calculation of costs, taxation, application of TUPE, and guidance on drafting of compromise agreements - Clear page design and wider range of flow charts and procedural checklists enable quick access to essential information - Updated annually, the 2010 edition has been extensively revised to contain full coverage of all recent developments - Wide range of flowcharts and procedural checklists provide immediate clarification of complex procedural issues - Quick reference guides to the book organized by procedure and by substantive law - Precedent agreements supporting cases from the tribunal to the civil courts - Information on practice and procedure in Scotland by Brian Napier QC - Appendices provide current and historical financial data