Representing Plaintiffs in Title VII Actions, Third Edition

• Summary judgment
• A greatly expanded discussion of jury trials
• A groundbreaking chapter on religious discrimination
• A section on race and national origin
• An important chapter on choice of forum
• An expanded discussion of sexual harassment litigation with an explanation of new decisions from the Supreme Court
• Extensive analysis of damages and the preserving of damage awards
• And more.

Representing Plaintiffs in Title VII Actions also discusses and analyzes cases that illustrate the use of expert witnesses, showing you how to prepare and present those witnesses to your best advantage. Representing Plaintiffs in Title VII Actions allows you to acquire the expertise you need to build and win your Title VII case.

Representing Plaintiffs in Title VII Actions has been updated to include:

• New chapters on attorney's fees/costs and ethical issues in representing plaintiffs
• Supreme Court coverage: new case discussion including Thompson v. N. American Stainless, LP; Staub v. Proctor Hospital; AT&T Mobility LLC v. Concepcion; Fox v. Vice; Wal-Mart Stores, Inc. v. Dukes; Perdue v. Kenny A. ex rel. Winn; and Rent-A-Center, West, Inc. v. Jackson
• Religion discrimination: coverage of case now before the Supreme Court, Hosanna-Tabor Church v. EEOC, 597 F.3d 769 (6th Cir. 2010), cert. granted, No. 10-553 (U.S. March 28, 2011)
• New discovery topics including plaintiffs' use of social networking
• Discussion of emerging issues in the law of mixed-motives causation
• Thorough coverage of Title VII protected categories, including reasonable accommodation for religion and equal pay based on sex
• Consolidated discussion of harassment - all Title VII protected categories covered in one chapter
• Procedural guides - getting through the EEOC and getting into court, and dealing with dispositive motions once you're there

• 1. Disparate Treatment (Excluding Harassment)
  • Introduction
  • Determinative Factor Causation Proved by Indirect Evidence
  • From Direct Evidence to Motivating Factor
• 2. Protected Groups
  • Introduction
  • Race and Color
  • National Origin
  • Religion
  • Sex
  • "Plus" Discrimination
• 3. Harassment
  • Introduction
  • Elements of a Title VII Harassment Claim
  • Basis for Liability
• 4. Retaliation
  • Retaliation
  • Other Federal Retaliation Remedies
• 5. Getting the Case Through the EEOC
  • Exhaustion for Non-Federal Employees
  • Exhaustion for Federal Employees
• 6. Getting the Case into Court
  • Timely Filing of Suit
  • Relationship of the Charge to the Litigation
• 7. Discovery and Evidence Issues
  • Initial Disclosures
  • Common Issues in the Employer's Discovery
  • Common Issues in Plaintiff's Discovery
  • Protective Orders
  • Admissibility of EEOC Documents
  • Expert Testimony on Employment-Specific Matters
• 8. Jury Issues
  • Jury Selection
  • Requests to Charge
  • Appealing Instructions
  • Appendix A Sample Jury Questionnaire
• 9. Dispositive Motions
  • The Standards for MSJ and JMOL
  • The Reeves Exception
  • McDonnell Douglas at Summary Judgment or JMOL
  • McDonnell Douglas at Summary Judgment or JMOL in Burden-Shifted Cases?
  • Affidavits in Opposition to Motions for Summary Judgment
  • Reconsideration of Summary Judgment
  • Substitute Reasoning to Sustain the Summary Judgment or JMOL on Appeal
  • JMOL Considerations
• 10. Disparate Impact
  • Overview
  • Disparate Impact Details
  • Other Issues
• 11. Class Actions
  • Initial Considerations
  • Class Certification
• 12. Title VII Remedies
  • Introduction
  • Equitable Relief
  • Compensatory and Punitive Damages
• Table of Cases
• Table of Statutes
• Index