Sexual Harassment in the Workplace: Law and Practice

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Panel Publishers, 2000 - Law - 2150 pages
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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,
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
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
The "single filing rule" - under which a party who has not filed an EEOC
charge or received a right-to-sue notice may "piggyback" his or her judicial
action on the claim of a party who has satisfied those prerequisites - has
been described as a "carefully limited exception" to Title VII's procedural
requirements. Price v. Choctaw Glove and Safety Co., 459 F.3d 595 (5th Cir.
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 "Please force
Federal Express to end their age discrimination . . ." constituted a charge,
cautioning, however, that its permissive interpretation of what constitutes a
"charge" should not be automatica

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