EMPLOYMENT DISCRIMINATION LAW, FIFTH EDITION

Transcription

1 NEW EDITION! > > > > > > > > > > > > > > EMPLOYMENT DISCRIMINATION LAW, FIFTH EDITION By Barbara T. Lindemann, Paul Grossman, and C. Geoffrey Weirich Equal Employment Opportunity Committee ABA Section of Labor and Employment Law > > > > > > > > > > > ALSO INSIDE: Age Discrimination in Employment Law, with 2012 Cumulative Supplement Disability Discrimination and the Workplace, Second Edition The Pregnancy Disrimination Act: A Guide for Plaintiff Employment Lawyers Workplace Harassment Law FREE 30-DAY REVIEW Order online at bnabooks and save 10%!

2 2012/2 Volumes Approx. 3,500 pp. Hardcover ISBN Order #2015/$ About the Authors NEW EDITION! EMPLOYMENT DISCRIMINATION LAW, FIFTH EDITION By Barbara T. Lindemann, Paul Grossman, and C. Geoffrey Weirich 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 35 years, Employment Discrimination Law has been the definitive treatise in this complex and highly detailed area of law. The new Fifth Edition of Employment Discrimination Law provides updated analysis of changes and significant new developments since the previous supplement, including rewritten chapters on EEOC Administrative Processes and Federal Contractor Affirmative Action Compliance. The Fifth Edition offers substantial revisions and updates to many chapters, including: > > Ledbetter v. Goodyear Tire & Rubber Co., Inc., where the Supreme Court s decision on the Title VII statute of limitations accrual date for pay discrimination claims sparked passage of the Lilly Ledbetter Fair Pay Act of 2009, the first act of Congress signed into law by President Barack Obama > > The Supreme Court s rulings expanding the breadth of retaliation claims > > The Supreme Court s decision in Wal-Mart Stores, Inc. v. Dukes, addressing Title VII class actions > > The impact of the Supreme Court s multiple decisions on the viability of agreements to arbitrate employment disputes In addition, in most chapters, footnotes now focus almost exclusively on decisions by the Supreme Court and the U.S. Courts of Appeals, avoiding cumulative and space-consuming citations, with the exception that district court decisions have been retained in instances where they constitute an important part of the developing case law (such as under newer statutes) and in fields such as procedure and evidence where there is little appellate authority. Throughout this treatise, legal specialists from the management, plaintiff, union, and public practice perspective provide a balanced presentation of the labor and employment issues surrounding discrimination in the workplace. The new Fifth Edition offers the most comprehensive coverage and unbiased analysis of employment discrimination law available anywhere. Visit for more detailed information. Barbara T. Lindemann is formerly Of Counsel at Seyfarth Shaw and co-author of Bloomberg BNA s Age Discrimination in Employment 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.

3 About the Editors Julia Campins Lewis Feinberg Lee Renaker & Jackson, PC Oakland, CA Kenneth W. Gage Paul Hastings LLP Chicago, IL Katherine C. Huibonhoa Paul Hastings LLP San Francisco, CA EXECUTIVE EDITORS Laurie E. Leader Chicago-Kent College of Law Chicago, IL Debra A. Millenson The Millenson Law Firm Washington, DC Neil D. Mollen Paul Hastings LLP Washington, DC Paul W. Mollica Outten & Golden LLP Chicago, IL Roberta L. Steele Goldstein, Demchak, Baller, Borgen & Dardarian Oakland, CA COORDINATORS OF UNION REVIEWERS Richard Rosenblatt Richard Rosenblatt & Associates LLC Greenwood Village, CO Carlos F. Bermudez International Union, UAW Detroit, MI > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > Summary of Contents Chapter 1. An Overview Part I. Theories of Discrimination Chapter 2. Disparate Treatment Chapter 3. Disparate Impact Chapter 4. Application of Disparate Impact to Employment Decisions Chapter 5. Failure to Provide a Reasonable Accommodation Part II. Prohibited Bases of Discrimination Chapter 6. Race and Color Chapter 7. National Origin and Citizenship Chapter 8. Native Americans Chapter 9. Religion Chapter 10. Sex Chapter 11. Sexual Orientation and Gender Identity Chapter 12. Age Chapter 13. Disability Chapter 14. Genetic Information Chapter 15. Retaliation Part III. Employment Actions Chapter 16. Hiring Chapter 17. Promotion, Advancement, and Reclassification Chapter 18. Seniority Chapter 19. Compensation Chapter 20. Sexual and Other Forms of Harassment Chapter 21. Discharge and Reduction in Force Part IV. The Parties Chapter 22. Employers Chapter 23. Unions Chapter 24. Employment Agencies Chapter 25. Charging Parties and Plaintiffs Part V. Procedural Issues Chapter 26. EEOC Administrative Process Chapter 27. Timeliness Chapter 28. Jurisprudential Bars to Action Chapter 29. Title VII Litigation Procedure Chapter 30. EEOC Litigation Chapter 31. Justice Department Litigation Chapter 32. Federal Employee Litigation Chapter 33. Class Actions Chapter 34. Discovery Chapter 35. Statistical and Other Expert Proof Part VI. Other Sources of Protection Chapter 36. The Civil Rights Acts of 1866 and 1871 Chapter 37. The National Labor Relations Act Chapter 38. Reverse Discrimination and Affirmative Action Chapter 39. Federal Contractor Affirmative Action Compliance Part VII. Remedies and Resolution Chapter 40. Injunctive and Affirmative Relief Chapter 41. Monetary Relief Chapter 42. Attorney s Fees Chapter 43. Alternative Dispute Resolution Chapter 44. Settlement Table of Cases Index

4 2003/1,628 pp. Hardcover with 2012 Cumulative Supplement Order #9110P/$ Cumulative Supplement alone: ISBN Order #2110/$ NEW CUMULATIVE SUPPLEMENT! AGE DISCRIMINATION IN EMPLOYMENT LAW, WITH 2012 CUMULATIVE SUPPLEMENT By Barbara T. Lindemann and David D. Kadue Jeremy J. Glenn, Editor-in-Chief (2012 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 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Age Discrimination in Employment Law arms practitioners with winning strategies and detailed analysis of this litigious area of employment law in this comprehensive book on age discrimination. 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 persons protected under the ADEA; persons against whom a charge can be filed; retaliation, hiring, and promotion; mandatory retirement; reductions in force; constructive discharge; special issues for unions and apprenticeship programs; disparate treatment; collective bargaining agreements and union obligations; and litigation strategies. The new 2012 Cumulative Supplement, current through June 30, 2011, provides critical updates on this area of law and includes: > > Explanation of the Equal Employment Opportunity Commission s Final Regulation on Disparate Impact and Reasonable Factors Other than Age, issued in March 2012, addressing the Supreme Court cases on disparate impact under the ADEA in Smith v. City of Jackson (2005) and Meacham v. Knolls Atomic Power Laboratory (2008) > > Analysis of appellate court decisions following the Supreme Court s interpretation of but for causation in Gross v. FBL Financial Services, Inc. (2009), and continued use of the McDonnell Douglas burden-shifting framework to analyze disparate treatment actions brought under the ADEA > > Discussion of federal court decisions awarding monetary relief under the ADEA and the proper formation of jury instructions pertaining to those remedies > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > Summary of Contents Part I. Introduction Part II. The Parties Part III. The Basis for Age Discrimination Part IV. The Adverse Employment Action Part V. The Causal Connection Part VI. Jurisdiction and Procedure Part VII. ADEA Litigation Part VIII. Alternative Forms of Conflict Resolutions About the Authors and Editor-in-Chief Part IX. Alternate Avenues of Relief Part X. Resolution Part XI. Appendices Table of Cases Table of Statutory Provisions Index Barbara T. Lindemann is formerly Of Counsel at Seyfarth Shaw and co-author of Bloomberg BNA s Employment Discrimination Law and Workplace Harassment Law. David D. Kadue is a partner in Seyfarth Shaw, Los Angeles, CA, co-author of 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. Visit for more detailed information.

5 2011/1,150 pp. Hardcover ISBN Order #1545/$ > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > Summary of Contents Part I. Overview Part II. Timeliness of Claims Part III. The Parties Part IV. The Causal Connection WORKPLACE HARASSMENT LAW By Barbara T. Lindemann and David D. Kadue AN EXPANSION OF Sexual Harassment in Employment Law :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Workplace Harassment Law provides the comprehensive coverage that attorneys need when bringing or defending a suit, offering guidance from seasoned practitioners. The treatise examines the nuts and bolts of workplace harassment law, from requirements for bringing a suit to establishment of harassment, actionable forms of harassment, and determination of employer liability. The treatise discusses 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 Part V. Harassment Culminating in a Tangible Employment Action or a Hostile Work Environment Part VI. Employer Liability Part VII. Other Sources of Federal Law Creating Rights and Obligations Regarding Workplace Harassment Part VIII. Special Issues in Harassment Litigation Appendixes Table of Cases Index About the Authors Barbara T. Lindemann is formerly Of Counsel at Seyfarth Shaw and co-author of Bloomberg BNA s Age Discrimination in Employment Law and Employment Discrimination Law. David D. Kadue is a partner in Seyfarth Shaw, Los Angeles, CA, co-author of Age Discrimination in Employment Law, and author of Preventing Sexual Harassment and Other Workplace Harassment: A Fact Sheet for Employees. Visit for more detailed information.

6 2011/752 pp. Hardcover ISBN Order #1861/$ THE PREGNANCY DISCRIMINATION ACT: A GUIDE FOR PLAINTIFF EMPLOYMENT LAWYERS By P. Daniel Williams, Esq. A DETAILED GUIDE for plaintiffs, management lawyers, and human resources professionals :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 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. The book also contains extensive analysis regarding case law that is favorable to defendants, making it a useful source of information both for management lawyers in advising their clients and litigating cases and for human resources professionals. This treatise covers essential topics including: > > Supreme Court cases related to pregnancy discrimination, and cases regarding whether a condition is sufficiently related to pregnancy such that the PDA is applicable > > Circumstantial proof of pregnancy discrimination including proximity in time > > 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 > > 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 > > Issues regarding jury instructions and jury selection in PDA cases > > State law pregnancy discrimination claims > > Damages issues in PDA cases > > 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 About the Author 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 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. Visit for more detailed information.

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 Bloomberg BNA Book Division PO Box 7814 Edison NJ /1,572 pp. Hardcover ISBN Order #1794/$ DISABILITY DISCRIMINATION AND THE WORKPLACE, SECOND EDITION By Peter A. Susser and Peter J. Petesch ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: With a much wider range of conditions now covered as a result of passage of the ADA Amendments Act (ADAAA), the focus in the workplace is on avoiding discrimination on the basis of disabilities, accommodating employees with disabilities, and guarding privacy. Disability Discrimination and the Workplace, Second Edition addresses these topics and also discusses the parameters of the Rehabilitation Act; the proliferation of state disability discrimination protections and how these state measures are interpreted; and the intersection of the Americans with Disabilities Act and other federal statutes, including the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Employee Retirement Income Security Act, and the National Labor Relations Act. Disability Discrimination and the Workplace, Second Edition paints a comprehensive picture of the disability discrimination landscape and covers both pre-adaaa and post-adaaa interpretations. Included in the volume are a helpful table of cases, an index, and an appendix listing key documents and website addresses. About the Authors Peter A. Susser is a shareholder in the Washington, DC, office of Littler Mendelson, P.C., the nation s largest employment and labor law firm. He has practiced employment and labor law for over 25 years and represents domestic and global employers and trade associations in these areas. Peter J. Petesch is a shareholder in the Washington, DC, office of Littler Mendelson, P.C. and has practiced employment and labor law for 25 years, representing employers in a variety of industries. Visit for more detailed information.

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