Federal Employment Jury Instructions

by Todd J. McNamara and J. Alfred Southerland

Quickly Prepare Better Employment Instructions

There is no better way to prepare for trial and improve settlements than to review the anticipated jury instructions.  And, if you must go to trial, you want the most accurate, current, and easy-to-understand instructions. But employment law is complex and evolves rapidly.  The Circuit Courts don't always agree on solutions and many don't have standard instructions. And out-of-date texts are frustratingly incomplete.  Federal Employment Jury Instructions can help you master the terrain. This book sets out the specific elements required to plead sufficient claims. And it has all the forms, authorities and strategies that you will need.

Prepare favorable jury instructions that are acceptable to the court, understandable by the jury, and difficult for opposing counsel to challenge. Federal Employment Jury Instructions provides conversational, balanced, and accurate charges. Supported by over 1,350 case citations that highlight circuit variations, these plain-English statements of federal employment law will help you:

• Evaluate your case and pinpoint its weaknesses

• Target your discovery

• Prepare and organize your proof element-by-element

• Efficiently draft charges that will survive the jury instruction conference

• Assemble persuasive closing arguments

It is also a valuable research guide.  Commentary and caveats explain splits among the circuits, pitfalls to avoid, and strategies needed to win.  It outlines all the elements necessary for claims brought under federal statutes, including Title VII, §1983, ADA, ADEA, FMLA, and others.  Federal Employment Jury Instructions amounts to a practical reference guide.  You will be able to quickly find answers to questions like these:

• When, if ever, can a plaintiff sue a State employer under the ADEA? §2.210

• What amount of proof must an employee offer to demonstrate pretext in discrimination cases? §§2:320, 3:250

• Can an individual bring a discrimination claim based simply on his association with people of particular race or national origin? §3:110

• Do the Supreme Court decisions of Murphy, Kirkingburg, and Sutton narrow the ADA? §§4:10, 4:160

• What must a plaintiff prove in a hostile environment sexual harassment case? §1:70:30

• Does Kolstad change punitive damage awards for workplace bias? §4:50

This unique book contains more than 1000 jury instructions, interrogatories and verdict forms, all of which are included on the accompanying free CD-ROM and can be accessed using your own preferred word processing program.

Updated annually.  ISBN 1-58012-051-2. Book Price: $99

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Reviews

"There's nothing like it available anywhere, at any price.   It is the definitive work."

— L. Steven Platt, President, National Employment Lawyers Association

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