Sexual Harassment and Retaliation (eBook)

Harassment claims based on sex, not just sexual conduct or language, continue to increase. At the same time, these cases are becoming more complex and difficult to litigate. With the in-depth contributions of seasoned employment law practitioners from across the country, this important book provides a best practices guide for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers.

Focusing on gender harassment and retaliation under Title VII of the Civil Rights Act, the book begins by providing a platform for which the practitioner can assess and handle gender harassment and retaliation case. The book supplies guidance for performing a thorough analysis of the elements which must be proven and should be considered throughout the litigation of a claim, including planning and defending depositions.

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In the "e;MeToo"e; era, editors Roxella T. Cavazos and Sandra R. McCandless have brought together an impressive team of experienced attorneys to provide a much-needed resource for attorneys who litigate cases on behalf of plaintiff/employees and defendant/employers. This important new book provides guidance and best practices for attorneys who litigate claims alleging gender harassment and retaliation claims under Title VII of the Civil Rights Act. Harassment claims based on sex, not just sexual conduct or language, continue to increase. At the same time, these cases are becoming more complex and difficult to litigate. With the in-depth contributions of seasoned employment law practitioners from across the country, this important book provides a best practices guide for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers. It offers a strategic platform that the practitioner can use to assess and handle gender harassment and retaliation cases, supplying guidance for how to perform a thorough analysis of the elements that must be proven and considered throughout the litigation of a claim, including planning and defending depositions. Once a claim has been made, claim must be investigated. The books subsequent chapters provide guidance for investigating allegations before and after they become internal or administrative claims, as well as how to examine the relevant policies which may become defenses or liabilities to overcome. Among other topics, chapters address:Workplace harassment and model prevention policiesInvestigating, preparing, and responding to the claimEmployment practices liability insuranceRepresenting and defending the alleged harasserArbitration in a harassment caseDiscovering juror attitudes in sexual harassment casesEvidentiary issuesDamagesTo assist the practitioner in litigating these cases, these topics are covered with separate chapters that address these topics from the perspective of the plaintiff and the defense:Multi-plaintiff litigation and class actionsDiscovery and deposing the alleged harasser and the witnesses for the other partyMotions for, and defending against, summary judgementVoir dire and opening statement by the opposing partyCross-examinationClosing argument and jury instructions