Civil Rights in the Workplace, Volumen1
Wolters Kluwer, 2001 M01 1 - 887 páginas
For plaintiff and defense counsel, Civil Rights in the Workplace provides complete analysis of punitive damages, compensatory damages, jury trials, and changes in providing disparate treatment and disparate impact cases. It shows you how the 1991 Act has changed the way lawyers and their clients approach employment discrimination under Title VII, the Age Discrimination and Employment Act, the Reconstruction Era Civil Rights Act, and the ADA. You get the full text -- with insightful analysis -- of the controversial Supreme Court rulings that led to the creation of the 1991 Act.
Civil Rights in the Workplace provides coverage of legislative and other developments and new case law, including:Explanation of EEOC regulations applying 2008 amendments to ADA New Supreme Court case on and“catand’s pawand” theory New Supreme Court case extending Title VII retaliation claims to case in which adverse action was taken against fiancandé New Supreme Court case on when maintenance of a policy with disparate impact falls within a statute of limitations New Supreme Court case allowing retaliation claims based on oral complaints New state case holding that arbitration agreement did not divest state agency of investigative power New case finding arbitration agreement to be unconscionable New case law on relationship between ADA and FMLA New case law on statistical comparisons in disparate impact cases New court of appeals decisions allowing harassment and retaliation actions on behalf of gay employees Analysis of case finding and“Donand’t Ask, Donand’t Telland” policy to be unconstitutional and of subsequent repeal New case on sovereign immunity for state instrumentalities New court of appeals case agreeing that a Title VII was precluded by earlier Section 1983 action New case grappling with choice of law questions in international context
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D ADA Remedies
U S C SECTION 1981
COMPENSATORY AND PUNITIVE DAMAGES
ATTORNEYS FEES AND COSTS
C Calculating Fees
SPECIAL PROBLEMS IN SEX DISCRIMINATION
SPECIAL PROBLEMS IN DISABILITY
action ADEA adverse affirming agency Agreement alleged allowed Amendment answer application appropriate authority award burden cause challenged charge Circuit citing Civil claim compensatory concluded conduct consider Corp Court of Appeals decide decision defendant denied determine discrimination discriminatory disparate impact district court EEOC effect employer employment establish evidence expert explained facie fact federal fees filed give individual injury instructions intentional interest interpretation involved issue judge judgment jury liability limited litigation motion motive noted objections opinion party performance permit petitioner plaintiff position practice presented Price procedure proof protected prove provides punitive damages question race racial reason received record rejected relief remedies Report requirement respondent result Rule selection settlement showing standard Stat statistical statute sufficient suit Supp testimony Title VII tort treatment trial United validity violation witness