Prevent Employment Lawsuits - Including Class Actions! Defending and Preventing Employment Litigation, 2013 Edition by Gerald S. Hartman, Gregory W. Homer List Price: $355.00   Eligible for Free Standard Shipping on U.S. Prepaid Orders Imprint: Aspen Publishers ISBN: 9781454827153 Looseleaf: 575 pages Publication Cycle: Published annually Last Updated: 4/15/2013 Available: Item ships in 3-5 Business Days

Developed by two of the leaders in the field, Defending and Preventing Employment Litigation provides expert insight on preventing, preparing for and managing employment litigation in one single volume. Written by Drinker Biddle & Reath LLP partners Gerald S. Hartman, Esq., and Gregory W. Homer, Esq., this manual can help you prevent and - if necessary - prepare for and manage costly and potentially disastrous employee lawsuits. You'll receive: Authoritative guidance to help you minimize employment lawsuits, manage outside counsel, contain litigation costs, and optimize litigation results Extensive citations to key cases, laws, regulations, guidelines and standards FREE companion CD featuring full text of federal and state legislation and regulations. Also, you'll find a wealth of expert insight on: How to develop internal procedures that can reduce the number of employment disputes and prevent those that do arise from becoming full-blown lawsuits How to determine when it is necessary to retain outside counsel for a specific employment dispute or lawsuit How to optimize results and contain costs by effectively managing your working relationship with outside counsel Defending and Preventing Employment Litigation can help you better understand and manage every phase of the litigation life-cycle - from the initial employee complaint through the final resolution of the case. With Defending and Preventing Employment Litigation on your bookshelf, you'll have instant access to vital commentary and citations in the areas that concern you most, including how to defend against harassment, age discrimination and disability discrimination claims; how to avoid charges of retaliation; FMLA compliance; avoiding liability for wrongful discharge and related state law claims; and much more. 1. UNDERSTANDING THE STRUCTURE OF EMPLOYMENT DISCRIMINATION CLAIMS Intentional Discrimination: Disparate Treatment Theory Unintentional Discrimination: Disparate Impact Theory Reverse Discrimination Failure to Accommodate Individual Versus Class Suits 2. STATUTORY SOURCES FOR RACE, NATIONAL ORIGIN, GENDER, RELIGIOUS, AND GENETIC DISCRIMINATION CLAIMS AND DEFENSES Sources of Claims and Covered Entities: Title VII, Civil Rights Act of 1866, and Executive Order 11246 Prohibited Acts Under Title VII, Section 1981, and Executive Order 11246 Special Defenses Gender-Based Wage Discrimination Religious Discrimination Genetic Information Nondiscrimination 3. HARASSMENT CLAIMS AND DEFENSES What Constitutes Actionable Sexual Harassment? Analytical Framework of Employer Liability for Sexual Harassment Preserving the Reasonable Investigation Defense Use of Experts to Establish or Attack Affirmative Defenses Suggestions for Preventing and Responding to Harassment Claims Alternative Causes of Action Harassment Cases and Federal Rule of Evidence 412 4. AGE DISCRIMINATION CLAIMS AND DEFENSES Purpose of the Age Discrimination in Employment Act Coverage Protected Individuals Illegal Practices Affirmative Defenses Reductions in Force and Waivers of ADEA Rights 5. DISABILITY DISCRIMINATION CLAIMS AND DEFENSES Sources of Claims: The Rehabilitation Act, the Americans with Disabilities Act, and State Law Title I of the ADA - Employment Relationship to Workers' Compensation Effect of Statements Made Regarding Disability in Social Security and Workers' Compensation Cases 6. RETALIATION Retaliation in General Protected Conduct Employee Misconduct Sarbanes-Oxley Whistleblower Protections 7. FEDERAL LEAVE LAWS: FMLA AND USERRA The Family and Medical Leave Act Uniformed Services Employment and Reemployment Rights Act 8. ENFORCEMENT AND REMEDIES UNDER FEDERAL EMPLOYMENT LAWS Administrative Prerequisites to Suit and Limitations Periods Limitations Periods Right to Jury Trial Remedies The Use of After-Acquired Evidence 9. PRACTICAL APPLICATION OF STATISTICS Disparate Treatment and Impact Theories of Discrimination Typical Statistical Analysis in a Litigation Setting Expert Testimony in Determining Back Pay and Front Pay OFCCP's Standards on Compensation Discrimination Statistical Self-Evaluations Proper Use of Statistical Evidence in Hiring Cases 10. WAGE AND HOUR ISSUES Coverage Exemptions Compensable Hours Worked Effect of Bonuses on the "Regular Rate" of Pay Collective Actions Recordkeeping Written Policies 11. WRONGFUL DISCHARGE AND RELATED STATE LAW CLAIMS The At-Will Doctrine Statutory Restrictions Emerging Court-Made Limitations Other Legal Doctrines Impact of Other Remedies Litigation Issues Remedies Avoiding Liability 12. WORKPLACE PRIVACY ISSUES Workplace Searches Surveillance and Monitoring Amended Fair Credit Reporting Act 13. ADDITIONAL LITIGATION ISSUES Arbitration as an Alternative Forum Uses and Value of Jury Research Attorneys' Fees 14. ETHICAL CONSIDERATIONS Providing Legal Representation to Employees Named as Defendants Lawyer as Witness Ex Parte Communications with Current and Former Employees Tape Recording Witnesses Positional Conflicts Misdirected Documents and Faxes 15. WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT Coverage Notice Obligations WARN Exemptions Enforcement and Penalties "Baby" WARN Acts 16. RESTRICTIVE COVENANTS Restrictive Covenants Are Governed by State Law Covenants Not to Compete Nonsolicitation/Nonacceptance Agreements Other Noncompete Type Obligations Managing Risk Associated with Restrictions on Competitive Employment Table of Cases Table of Statutes and Regulations Index Employment Discrimination: Law and Practice, Fourth Edition Charles A. Sullivan, Lauren Kavanaugh Employment Discrimination: Law & Practice, Fourth Edition provides lucid discussion of difficult and complex legal problems. This timely resource explains laws, rulings, and requirements and delivers thorough legal analysis plus tried and tested practice materials. Moreover, it shows you actu more... Add to cart   |  Price: $534.00  |  ISBN: 9780735575639  |  Format: Hardcover  Imprint: Aspen Publishers  Covenants Not to Compete, Third Edition Mark R. Filipp Covenants Not to Compete fully explores legal principles for forming, drafting and implementing sound non-competition agreements. It clearly lays out what interests can be protested and covers the legal limits of enforceability. It is the most complete, practical resource on the subject of restri more... Add to cart   |  Price: $455.00  |  ISBN: 9780735553132  |  Format: Looseleaf  Imprint: Aspen Publishers  Americans with Disabilities Act (ADA) Handbook, Fourth Edition Henry H. Perritt, Jr. The Americans With Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements. In one comprehensive  more... Add to cart   |  Price: $786.00  |  ISBN: 9780735531482  |  Format: Hardcover  Imprint: Aspen Publishers  Employee Relations Law Journal Steven A. Meyerowitz For over 25 years, senior human resource executives, in-house counsel, and attorneys specializing in employment law have turned to Employee Relations Law Journal to find out what the law says, how the courts are ruling, and what to do to comply. Practicing professionals provide you with clear an more... Add to cart   |  Price: $499.00  |  PIN: 9900036000  |  Format: Paperback  Imprint: Aspen Publishers  Sexual Harassment in the Workplace: Law & Practice, Fourth Edition Alba Conte 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.  more... Add to cart   |  Price: $523.00  |  ISBN: 9780735597655  |  Format: Looseleaf  Imprint: Aspen Publishers  Understanding the AMA Guides in Workers' Compensation Steven Babitsky, Esq., James J. Mangraviti, Jr. The American Medical Association's Guides to the Evaluation of Permanent Impairment (or AMA Guides ) is mandated for use in many workers' compensation systems. The AMA Guides are now in their sixth edition, and various states are using either the third, fourth, fifth, or sixth edition of the  more... Add to cart   |  Price: $375.00  |  ISBN: 9780735509399  |  Format: Looseleaf  Imprint: Aspen Publishers