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Executive Reports: Steps to Defending a Sexual Discrimination Case - The Over-Arching Issues You Need to Know (Executives Reports)
by:Aspatore Books Staff
This 41-page Executive Report for attorneys and employers features simple steps to take when defending a sexual harassment case in the workplace. Described are the critical precautionary measures to assist employers in providing a harassment-free work environment and the proper procedures to remedy a situation once a complaint of harassment has been...
This 41-page Executive Report for attorneys and employers features simple steps to take when defending a sexual harassment case in the workplace. Described are the critical precautionary measures to assist employers in providing a harassment-free work environment and the proper procedures to remedy a situation once a complaint of harassment has been received. From the time of the administrative filing to settlement or trial, employers are advised to weigh the pros and cons of settlement versus trial while taking into consideration the public scrutiny of a trial. Top labor attorneys share their insights on when employers should contact an attorney, the type of conduct that results in sexual harassment claims, the type of discovery that should be taken, and questions an attorney should answer before determining a strategy for defense. Throughout this Executive Report employers are reminded of the protection that is afforded to them by the law when they have a strong sexual harassment policy and procedure in place. Concluding this Executive Report is a research guide that provides relevant case law and rules and a helpful list of suggested references. Charts are provided for an easy-to-follow overview of the maximum awards based on the number of employers and the specific questions to ask when defending a sexual harassment suit depending on whether it is a quid pro quo or a hostile work environment situation. Other topics include chain-reaction types of accusations, summary judgment, possible motives for sexual harassment claims, damages, settlement agreements, liquidated damage provision, the Equal Pay Act claim, Title VII, the “after-acquired evidence” doctrine, frivolous claims, stored e-mail and its impact on employment lawsuits, claims prevention, sexual harassment training, the EEOC, termination cases, taking depositions and interviewing witnesses, multiple instances of harassment, the Ellerth/Farragher doctrine, and proper documentation. This Executive Report is written by: 1.) Steven H. Adelman, Partner, Lord, Bissell & Brook LLP - "Sexual Discrimination Cases" 2.) Ned H. Bassen, Partner & Chair of Labor & Employment Department, Hughes Hubbard & Reed LLP - "Factors to Consider" 3.) Penny Conly Ellison, Circuit Mediator, United States Court of Appeals for the Third Circuit - "A Focus on Defending Sexual Harassment Cases" 4.) Robert B. Gordon, Partner, Ropes & Gray LLP - "Determining a Strategy Against Sexual Discrimination" 5.) Daniel Moore, Member, Harris Beach LLP - "Strategies for Defense" 6.) William N. Ozier, Partner, Bass, Berry & Sims PLC - "Preventing Sexual Harassment Suits" 7.) Richard Gerakitis, Partner, Troutman Sanders LLP - "Developing a Defense" 8.) Carla J. Feldman, Partner, Loeb & Loeb LLP - "The Process of Defending Sexual Harassment Cases." About Executive Reports: Executive Reports offer focused, hard-hitting advice from the leaders of some of America's top companies, packaged in a concise, readable format. Each research report provides readers with 3 to 5 strategies that will have a direct financial impact on their business. While not meant as a comprehensive guide, each report includes quick-hit items that can immediately impact specific business strategies. Executive authors drill down to the central issues surrounding each topic area and dispense expert advice in concise, direct language. Executive Reports feature leading professionals selected by the Aspatore Editorial Board based on their experience, research, and standing within the professional community.
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