Proven
Strategies and Forms for
Employment Discrimination
Here are tactics,
arguments, and documents to help you with the practical aspects of
discrimination litigation: case evaluation, pleading, discovery, summary
judgment, experts, mediation, and more.
You receive
pattern arguments supported by over 1,100 recent cases with parentheticals
and pinpoint citations, pleadings, motions, discovery documents, deposition
outlines, pitfalls to avoid … and most important … practice-proven tactics
and techniques—as well as over a hundred forms in print and on CD-ROM.
Some of the areas covered include:
Discovery
-
Defending
employer’s efforts to interview the
plaintiff. §6:62
-
Controlling ancillary proceedings.
§6:66
-
Ensuring evidence is preserved.
§6:81
-
Tips and
techniques for deposing discrimination witnesses. §6:108
-
Deposition questions annotated with practice tips and case law.
§6:111
-
Questions for decision-maker
§6:111, human resources professional
§6:115, and investigator of plaintiff’s complaints. §6:116
-
Requests for production of documents by type of discrimination.
§6:134
-
Handling common discovery tricks of the defense.
§6:136.2
-
Model
interrogatories. §6:151
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Pattern requests for admissions.
§6:160
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Defending the plaintiff’s deposition.
§6:175
-
Opportunity questions and how they should be answered.
§6:188
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Handling common defense deposition tricks.
§6:191
-
Checklist of common hidden weaknesses in your case.
§6:199
-
Extensive list of probable defense questions to use in plaintiff’s mock
deposition.
-
Annotated with practice tips and case citations.
§6:207
-
Aggressive plaintiff deposition tactics, and when to employ them.
§6:249
-
Blocking §6:255, and handling
§6:261 defense mental
examinations.
-
Defending
document requests. §6:271
Summary judgment
-
Summary
judgment oriented deposition tips for employers. §8:61
-
Drafting tips for employers by type of discrimination, annotated with
pattern argument language, case citations, and pitfalls to avoid. §8:70
-
Pattern reply brief arguments for employers, specific to plaintiff
argument, including stray remark, conjecture, inconsistent declarations, smoke and mirrors
(surprising
difficult to defend). §8:85
-
Handling McDonnell Douglas burden-shifting test.
§8:129
-
Common ways that defense counsel misstate the burden-shifting test. Tactics and arguments to use in response, with citations.
§8:131
-
Multiple responses, with case authorities, to use when defense argues
same group inference §8:132, same hirer-firer §8:133, RIF or layoff
§8:142, or stray remarks §8:143.
Pretrial
-
Common
defense motions in limine, with extensive case authorities on stray remarks
and me-too evidence. §9:56
-
Strategies and citations for opposing these defense motions.
§9:78
-
Common
plaintiff motions in limine – not me-too, unrelated bad acts, performance problems at other employers, good deeds, and collateral source payments.
§9:111
-
Handling
motions to bifurcate §9:131, and motions to sever §9:145
Nearly every chapter in Litigating
Employment Discrimination Cases contains dozens of highlighted pointers,
cautions, alerts, and arguments. Most are supported with case citations,
sample language, or pattern forms. For example:
Related
state torts
Fraud claim opens door to additional damages. Under these circumstances,
the employee can sue for various contract-related claims, but the fraud
claim may be more appealing because…. §3:198.1
Always consider pleading concealment. Include concealment allegations
along with a fraud claim, as it is often easier to prove the employer
suppressed a material fact than to prove the employer misrepresented a
material fact. §3:204
Pleading
Consider including time-barred conduct in complaint. Even if you believe
that certain conduct will be time-barred, consider alleging that conduct
because it may be relevant to proving that the defendant’s articulated
reasons for its actions are pretextual…. §5:11
Tolling of administrative charge filing deadlines. Exercise great
caution in relying on tolling agreements because defense counsel will
search for any possible loophole to argue that the tolling agreement
does not apply to certain defendants or claims. For example, in
discrimination cases, defense counsel may…. §5:16
Discovery
Seek evidence to show decision-making process contaminated. In the
absence of evidence that the decision-maker harbored discriminatory
animus, seek evidence that the decision was based on information
“contaminated” by one who did harbor discriminatory animus. For
example…. §6:113
Summary
judgment
Sample argument. If discovery reveals that discriminatory comments were
made in the workplace, defense counsel will almost certainly argue to
the court that the comments are merely inadmissible “stray remarks.” You
must address this argument head-on in the opposition. For example...
§8:145
The effective pleading
language, cases sorted by pros and cons, pitfalls and solutions, pattern
discovery requests, and common defense tricks detailed in Litigating
Employment Discrimination Cases will help you stay focused on the
important issues that lead to successful litigation.
Updated annually. ISBN
1-58012-100-4 Book price: $149.00
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