LITIGATING EMPLOYMENT
DISCRIMINATION CASES
BY ANDREW H. FRIEDMAN
HIGHLIGHTS
The highlights of this 17th Edition of Litigating Employment Discrimination Cases include new and updated text,
cases and analysis re:
FEDERAL STATUTES PROHIBITING DISCRIMINATION
• Applying the “integrated enterprise” test to ADEA claims
• Determining whether an employee was fired for alcoholism or for being drunk at work
• Covered conduct under §1983
• FLSA retaliation claims
THEORIES AND PROOF OF DISCRIMINATION
• Employer evidence required to satisfy second prong of McDonnell Douglas test
• Isolated instances of favoritism towards “paramour” may not constitute sexual harassment
• Employer’s response to third-party harassment can independently create hostile work environment
• Failure to reasonably accommodate religious beliefs may also support §1983 claim
SUMMARY JUDGMENT
• Caution: Plaintiff’s failure to adequately develop an argument or provide supporting evidence may result in
a waiver of the claim
• Employer cannot use same evidence to challenge plaintiff’s prima facie case and to establish legitimate,
nondiscriminatory reason for adverse action
• Proving pretext with evidence that shows employer:
o Offered inconsistent/conflicting/changing reasons for adverse action
o Adopted “revisionist history” approach to plaintiff’s work performance
o Excluded plaintiff from meetings prior to termination
o Chose to “lie in wait” for opportune time to take unlawfully motivated adverse action
RESOLUTION WITHOUT TRIAL
• Impact of Rule 68 offer on attorneys’ fees/costs
• Intersection of arbitration agreements and state Private Attorneys General statutes
• Compelled arbitration and staffing agency employees
• Workers who load/unload cargo work in interstate commerce are exempt from FAA
• Duress as a grounds to invalidate a contractual agreement to arbitrate
• End to forced arbitration of sexual assault/harassment claims
AND SO MUCH MORE!
We Welcome Your Feedback
Our most useful source of improvements is feedback from our subscribers, so if you have any comments, we would
be delighted to hear from you.
Revision Editor
James Publishing, Inc.
3505 Cadillac Ave., Suite P-101
Costa Mesa, CA 92626
Visit us on the Internet at www.jamespublishing.com.
LITIGATING EMPLOYMENT
DISCRIMINATION CASES
VOLUME ONE
by Andrew H. Friedman
Contact us at (866) 72-JAMES or visit www.jamespublishing.com
