New! Workplace Harassment Law. Also Inside: 2010 Cumulative Supplement. Order online at and save 10%!

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1 New! Workplace Harassment Law (formerly Sexual Harassment in Employment Law) By Barbara T. Lindemann and David D. Kadue Also Inside: na ge Discrimination in Employment Law, with 2011 Cumulative Supplement NEW Cumulative Supplement! ne mployment Discrimination Law, Fourth Edition, with 2010 Cumulative Supplement nt he Pregnancy Disrimination Act: A Guide for Plaintiff Employment Lawyers NEW Title! Free 30-Day Review Order online at and save 10%!

2 2011/Approx. 900 pp. Hardcover ISBN Order #1545/$ New! Workplace Harassment Law By Barbara T. Lindemann and David D. Kadue An expansion of BNA Books Sexual Harassment in Employment Law providing the most complete coverage of harassment issues in the workplace Workplace harassment has become one of the most litigious areas of employment law, with thousands of cases being brought against employers, resulting in millions of dollars in litigation costs and awards. BNA Books first addressed this explosive subject in its seminal treatise Sexual Harassment in Employment Law. Given the expansion of the theories of liability for harassment, however, and the evolution of employer and employee rights and obligations, litigators and employers need an updated reference that addresses the entire spectrum of workplace harassment issues. The new Workplace Harassment Law provides the comprehensive coverage that attorneys need when bringing or defending a suit, offering guidance from seasoned practitioners, as well as multi-perspective analysis. The treatise examines the nuts and bolts of workplace harassment law, from requirements for bringing a suit, to establishment of harassment and actionable forms of harassment, to determination of employer liability. The treatise also discusses many different types of suits, including for harassment based on gender, race or color, national origin, religion, age, disability, association, and proximity. It starts with a history of workplace harassment, analyzing legislation that has come to define workplace harassment law, including opinions of the federal appellate courts interpreting Title VII of the Civil Rights Act of 1964 and other anti-discrimination laws. Looking at the requirements for bringing a case, Workplace Harassment Law explores timeliness and timely exhaustion of administrative remedies; the parties involved in a claim; and establishment of the causal connection, one of the most important requirements of a harassment claim. The treatise discusses the causal connection with respect to each of the protected classes, and provides analysis of laws regarding retaliation and other adverse employment actions for opposing workplace harassment on the basis of these protected classes. The treatise provides a thorough examination of actionable forms of harassment, discussing: Tangible employment actions alleged to result from harassment Hostile work environments caused by conduct (a) so severe or pervasive that it creates an environment that any reasonable person would find hostile or (b) that the plaintiff perceives as creating a hostile work environment Criteria used to determine whether the harassment creates a work environment so intolerable that any reasonable person would quit Finally, the treatise moves to the topic of employer liability, analyzing: Quid pro quo cases, in which an employer is automatically liable for harassment by a supervisor Employer liability for harassment culminating in a tangible employment action Vicarious liability for hostile work environments wherein the harasser wields supervisory authority over the plaintiff, and the ways to reduce or avoid liability in such cases Employer negligence the most commonly invoked theory of employer liability Count on this newly expanded resource to provide expert analysis of the latest issues surrounding workplace harassment and sound advice on both avoiding and litigating harassment claims.litigating harassment claims.

3 Preliminary Summary of Contents Acknowledgments Foreword Preface Part I Overview Chapter 1. The Evolution of Workplace Harassment Law Part II Timeliness of Claims Chapter 2. Exhaustion of Administrative Remedies, as a Prerequisite to Litigation Chapter 3. Statute of Limitations and Equitable Doctrines Part III The Parties Chapter 4. Who Is Subject to Suit Chapter 5. Who Is Eligible to Sue Chapter 6. The Alleged Harasser as Defendant Chapter 7. The Alleged Harasser as Plaintiff Part IV The Causal Connection Chapter 8. Harassment Because of Gender Chapter 9. Harassment Because of Race or Color Chapter 10. Harassment Because of National Origin or Alienage Chapter 11. Harassment Because of Religion Chapter 12. Harassment Because of Age Chapter 13. Harassment Because of Disability Chapter 14. Harassment Because of Association Chapter 15. Bystander Harassment Chapter 16. Retaliation for Opposing Harassment and Harassment Because of a Protected Activity Chapter 17. Harassment Not Because of a Protected Basis Part V Harassment Culminating in a Tangible Employment Action or a Hostile Work Environment Chapter 18. Actions That Constitute a Tangible Action Chapter 19. Harassment Objectively and Subjectively Severe or Pervasive Chapter 20. Harassment Creating Constructive Discharge Part VI Employer Liability Under Title VII Chapter 21. Employer Liability for Harassment Culminating in a Tangible Employment Action Chapter 22. Employer Liability for Harassment, by Employer or Employer's Proxy or Alter Ego, Creating a Hostile Environment Chapter 23. Employer Vicarious Liability for Harassment by Supervisors Creating a Hostile Environment, and the Employer's Affirmative Defense Chapter 24. Employer Liability in Negligence for Harassment, by Supervisors, Coworkers, or Nonemployees, Creating a Hostile Environment Part VII Other Sources of Federal Law Creating Rights and Obligations Regarding Workplace Harassment Chapter 25. EEOC Investigation and Enforcement Chapter 26. Harassment Claims Under Other Federal Laws Chapter 27. Harassment Claims Under State FEP Statutes Chapter 28. Harassment Claims Under Common Law Chapter 29. Harassment Issues Arising Under Criminal Law Chapter 30. Harassment Issues Arising Under Collective Bargaining Agreements Part VIII Special Issues in Harassment Litigation Chapter 31. Expert Witnesses and Special Evidentiary Issues Chapter 32. Injunctive Relief Chapter 33. Monetary Relief Chapter 34. Attorney s Fees and Costs Appendix About the Authors Barbara T. Lindemann is Of Counsel to Seyfarth Shaw, Los Angeles, CA, and co-author of BNA Books Age Discrimination in Employment Law and Employment Discrimination Law. David D. Kadue is a partner in Seyfarth Shaw, Los Angeles, CA, co-author of BNA Books Age Discrimination in Employment Law, and author of Preventing Sexual Harassment and Other Workplace Harassment: A Fact Sheet for Employees.

4 2011/752 pp. Hardcover ISBN Order #1861/$ New Title! The Pregnancy Discrimination Act: A Guide for Plaintiff Employment Lawyers By P. Daniel Williams A detailed examination of the Pregnancy Discrimination Act, with practice pointers for plaintiffs Pregnancy discrimination litigation has seen a sharp increase in recent years. With pregnancy-related cases now making up a growing portion of case loads and with the many cutting-edge issues unique to these cases, plaintiff lawyers need a resource that expertly analyzes this area of the law. The Pregnancy Discrimination Act: A Guide for Plaintiff Employment Lawyers is the only treatise available that meets this demand, providing the unique strategies and guidance on pregnancy discrimination litigation that plaintiff lawyers require to effectively represent their clients in PDA cases. This book also serves as a useful guide for management lawyers and human resources professionals. This treatise covers essential topics including: n Supreme Court cases related to pregnancy discrimination, and cases regarding whether a condition is sufficiently related to pregnancy such that the PDA is applicable n Circumstantial proof of pregnancy discrimination including proximity in time n Discriminatory comments and stereotypes related to family caregiver responsibilities Accommodation of pregnant workers under the PDA and other statutes such as the FMLA and ADA Female decision makers n The requirement of PDA plaintiffs to compare themselves to nonpregnant, temporarily disabled employees and the numerous exceptions to the requirement to use comparator evidence Discrimination based on the unwed status of pregnant employees n Issues regarding jury instructions and jury selection in PDA cases State law pregnancy discrimination claims n Damages issues in PDA cases n Proof of employer s knowledge of employee s pregnancy Summary of Contents Preface Part I. Overview 1. Introduction 2. Who Is Protected by the PDA? 3. Related Supreme Court Decisions Part II. Proof of Discrimination Under the PDA 4. Temporal Proximity 5. Direct Evidence, Discriminatory Comments, and Stereotype Evidence 6. Knowledge of Pregnancy 7. Maternity Leave, Pregnancy- Related Absenteeism, and Comparator Evidence Part III. Accommodation of Pregnancy and Interaction of the PDA With Other Federal Statutes 8. Accommodations Under the PDA 9. Related Federal Statutes Part IV. Miscellaneous Issues 10. State Law 11. Unwed Pregnant Employees 12. Female Decision Makers 13. Juries and Pregnancy Discrimination Cases 14. Special Damages Issues Appendices Table of Cases Index About the Author P. Daniel Williams, Esq., is one of the founding partners of Magid & Williams, PA, in Jacksonville, FL. The firm limits its practice to the area of labor and employment law, representing mostly employees.

5 2003/1,628 pp. Hardcover with 2011 Cumulative Supplement Order #9925/$ Cumulative Supplement alone: 469 pp. Softcover ISBN Order #1925/$ Age Discrimination in Employment Law, with 2011 Cumulative Supplement By Barbara T. Lindemann and David D. Kadue Jeremy J. Glenn, Editor-in-Chief (2011 Cumulative Supplement) Federal Labor Standards Legislation Committee ABA Section of Labor and Employment Law A complete resource for counseling and for bringing and defending age discrimination claims With significant court decisions regarding age discrimination in employment having been handed down, practitioners need the most up-to-date information available in order to expertly advise clients, avoid potential risk areas for discrimination claims, or file a charge. BNA Books arms practitioners with winning strategies and detailed analysis of this litigious area of employment law in the most comprehensive book on age discrimination available Age Discrimination in Employment Law, with 2011 Cumulative Supplement. Written from an unbiased perspective by the major synthesizers of employment discrimination law today, Age Discrimination in Employment Law leads the dialogue in this volatile field, presenting detailed guidance on issues such as: n Persons protected under the ADEA n Persons against whom a charge can be filed n Retaliation/Hiring/Promotion n Mandatory retirement n Reductions in force n Constructive discharge n Special issues for unions and apprenticeship programs n Disparate treatment n Collective bargaining agreements and union obligations n Litigation strategies The new 2011 Cumulative Supplement provides critical updates on this area of law and includes: n Coverage of the recent increase in lawsuits filed by workers protected under the Age Discrimination in Employment Act (ADEA) and what attorneys representing individuals and employers need to be aware of as a result of these developments in order to spot issues, advise potential clients, and prepare for ADEA litigation An overview and analysis of recent decisions in the aftermath of the Supreme Court s ruling in Gross v. FBL Financial Services, which held that the plaintiff must prove age was the but for cause of the adverse employment action A detailed exploration of how trial courts across the country continue to apply the adverse impact analysis set forth by the Supreme Court, which derives from the theory that employment policies that appear neutral on their face may actually affect older workers groups more harshly than younger workers A timely update on significant legislative, regulatory, and other case law developments About the Authors Barbara T. Lindemann is Of Counsel to Seyfarth Shaw, Los Angeles, CA, and coauthor of BNA Books Age Discrimination in Employment Law and Employment Discrimination Law. David D. Kadue is a partner in Seyfarth Shaw, Los Angeles, CA, co-author of BNA Books Workplace Harassment Law, and author of Preventing Sexual Harassment and Other Workplace Harassment: A Fact Sheet for Employees. Jeremy J. Glenn is a partner with Meckler Bulger Tilson Marick & Pearson LLP, Chicago, IL.

6 2007/2 Volumes/3,666 pp. Hardcover with 2010 Cumulative Supplement Order #9870/$ Cumulative Supplement alone: 1,152 pp. Softcover ISBN Order #1870/$ Employment Discrimination Law, Fourth Edition, with 2010 Cumulative Supplement By Barbara T. Lindemann and Paul Grossman C. Geoffrey Weirich, Editor-in-Chief Debra Millenson, Richard J. Gonzalez, and Laurie E. Leader, Executive Editors (2010 Cumulative Supplement) Equal Employment Opportunity Committee ABA Section of Labor and Employment Law The premier treatise on the law of discrimination in the workplace For more than 30 years, Employment Discrimination Law has retained its unparalleled reputation as the definitive treatise in this complex area of law. Legal specialists in every type of practice provide a balanced presentation of the labor and employment issues surrounding discrimination in the workplace. The Fourth Edition accompanied by the 2010 Cumulative Supplement offers the most comprehensive coverage and unbiased analysis of employment discrimination law available anywhere. Edited by experts from the plaintiff, union, and management sides of the bar, this treatise includes: Chapters on the law of sexual harassment and sexual orientation Expansive coverage of disability law and the EEOC and OFCCP compliance process Thousands of cases with pinpoint citations and explanatory parentheticals Expanded coverage of compensation discrimination under Title VII rather than only the Equal Pay Act A discussion of alternative dispute resolution covering the burgeoning law pertaining to employee arbitration agreements The 2010 Cumulative Supplement covers the latest decisions in employment discrimination law, including: The Supreme Court s decision in Lewis v. City of Chicago on the timely filing of charges The Ninth Circuit decision in Fleming v. Yuma Regional Medical Center, LLC permitting an independent contractor to pursue a claim for discrimination on the basis of disability under the Rehabilitation Act of 1973 Additional decisions regarding whether an arbitration clause in individual contracts and collective bargaining agreements provides an exclusive remedy for employment discrimination, including the Fifth Circuit s decision in Carmona v. Southwest Airlines The Supreme Court s decision in Fitzgerald v. Barnstable School Committee holding that 1983 provides an additional avenue for challenging sex discrimination in an academic setting in addition to Title IX The continuing split in the courts of appeals over class actions seeking damages under the Civil Rights Act of 1991, including the Third Circuit decision in Hohider v. United Parcel Service, Inc. Decisions attempting to define the Ledbetter Act s language compensation decision or other Practice, including Mikula v. Allegheny County and Schuler v. PricewaterhouseCoopers, LLP The Supreme Court s most recent decision on the issue of fee enhancements in Perdue v. Kenny A. About the Authors Barbara T. Lindemann is Of Counsel to Seyfarth Shaw, Los Angeles, CA, and coauthor of BNA Books Age Discrimination Law and Workplace Harassment Law. Paul Grossman is a partner in Paul Hastings LLP, Los Angeles, CA. C. Geoffrey Weirich is a partner in Paul Hastings LLP, Atlanta, GA. Debra Millenson is the principal in The Millenson Law Firm, Washington, DC, practicing primarily in the area of equal employment opportunity. Richard J. Gonzalez is one of the Midwest s most well-known employment attorneys and a professor at the Chicago-Kent College of Law, Chicago, IL. Laurie E. Leader is a professor at the Chicago-Kent College of Law, Chicago, IL. She previously worked in private practice and as a partner in several Chicago law firms.

7 Start your free 30-day review! Call , go to or use the attached postage-paid order form. NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO WASHINGTON DC Postage will be paid by addressee BNA Books A division of BNA po box 7814 edison NJ Employment Discrimination Law Summary of Contents Overview Part I Theories of Discrimination Disparate Treatment Adverse Impact Application of Adverse Impact to Employment Decisions Failure to Provide a Reasonable Accommodation Part II Prohibited Bases of Discrimination Race and Color National Origin and Citizenship Native Americans Religion Sex Sexual Orientation and Gender Identity Age Disability Genetic Information (New in Supplement) Retaliation Part III Employment Actions Hiring Promotion, Advancement, and Reclassification Seniority Compensation Sexual and Other Forms of Harassment Discharge and Reduction in Force Part IV The Parties Employers Unions Employment Agencies Charging Parties and Plaintiffs Part V Procedural Issues EEOC Administrative Process Timeliness Jurisprudential Bars to Action Title VII Litigation Procedure EEOC Litigation Justice Department Litigation Federal Employee Litigation Class Actions Discovery Statistical and Other Expert Proof Part VI Other Sources of Protection The Civil Rights Acts of 1866 and 1871 The National Labor Relations Act Reverse Discrimination and Affirmative Action Federal Contractor Affirmative Action Compliance Part VII Remedies and Resolution Injunctive and Affirmative Relief Monetary Relief Attorney s Fees Alternative Dispute Resolution Settlement Table of Cases Index

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