Author: Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 14
Book Description
Geise V. Phoenix Company of Chicago, Inc
Author: Sexual Harassment in the Workplace: Sexuality, social relations, and the workplace
Author: Alba ContePublisher: Wolters Kluwer
ISBN: 0735597650
Category : Law
Languages : en
Pages : 6006
Book Description
The law of sexual harassment is constantly evolving, and the number of sexual harassment claims is dramatically on the rise. Sexual Harassment in the Workplace, Fourth Edition, is a comprehensive guide that provides all the information you need to successfully litigate a sexual harassment claim. Sexual Harassment in the Workplace guides you through the relevant administrative and legal proceedings, from client interviews to attorney's fees. It discusses state and federal remedies available to maximize recovery, including: The development and elements of the claim Sample pleadings Discovery documents Reviews of actual cases Special attention is given to important topics such as: Suits by alleged harassers Insurance indemnification Class actions And many others Sexual Harassment in the Workplace brings you up to date on the latest case law developments, including the following: A new checklist of items to cover when representing an employer The U.S. Supreme Court confirmed that retaliation is actionable under Title IX where a girls' high school basketball coach claimed that he suffered retaliation for complaining about sexual discrimination in the athletic program of the school, even though he himself was not the direct victim. Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) In order to increase opportunities for mediation, the EEOC expanded the charges eligible for mediation and now mediation is available at the conciliation stage, after a finding of discrimination has been issued, in appropriate cases The U.S. Supreme Court has held that under the Federal Arbitration Act, where parties to an arbitration agreement include a provision that delegates to the arbitrator the threshold question of enforceability of the arbitration agreement, if a party specifically challenges the enforceability of the entire agreement, the arbitrator would consider the challenge. If, however, the party only challenges the enforceability of the arbitration provision, the challenge must be heard by a court. Rent-A-Center, West Inc. v. Jackson, 130 S. Ct. 2772 (2010) The lack of timeliness in filing a discrimination action is an affirmative defense and the burden of proof is on the employer. Salas v. Wisconsin Department of Corrections, 493 F.3d 913, 922 (7th Cir 2007) A federal employee's premature filing of a sexual harassment employment discrimination and retaliation complaint did not constitute a failure to exhaust administrative remedies so as to deprive the district court of subject-matter jurisdiction. Brown v. Snow, 440 F.3d 1259 (11th Cir. 2006) A majority of states impose a shorter period for filing with their agencies, though, so the filing deadline is not always extended when a state has its own agency The andquot;single filing ruleandquot; - under which a party who has not filed an EEOC charge or received a right-to-sue notice may andquot;piggybackandquot; his or her judicial action on the claim of a party who has satisfied those prerequisites - has been described as a andquot;carefully limited exceptionandquot; to Title VII's procedural requirements. Price v. Choctaw Glove and Safety Co., 459 F.3d 595 (5th Cir. 2006) Provided that an act contributing to the claim occurs within the filing period, the court may consider the entire period of the hostile environment for purposes of determining liability. Jordan v. City of Cleveland, 464 F.3d 584 (6th Cir. 2006) The Supreme Court has held that a plaintiff's timely filing of an EEOC intake questionnaire, which was followed by an affidavit stating andquot;Please force Federal Express to end their age discrimination . . .andquot; constituted a charge, cautioning, however, that its permissiv
Sexual Harassment in the Workplace: Law & Practice, 5th Edition
Author: ContePublisher: Wolters Kluwer
ISBN: 1543816657
Category : Business & Economics
Languages : en
Pages : 7306
Book Description
Sexual Harassment in the Workplace: Law and Practice
Disability Harassment
Author: Mark C. WeberPublisher: NYU Press
ISBN: 0814784682
Category : Law
Languages : en
Pages : 232
Book Description
Building on the insights of both disability studies and civil rights scholars, Mark C. Weber frames his examination of disability harassment on the premise that disabled people are members of a minority group that must negotiate an artificial yet often damaging environment of physical and attitudinal barriers. The book considers courts’ approaches to the problem of disability harassment, particularly the application of an analogy to race and sex harassment and the development of legal remedies and policy reforms under the Americans with Disabilities Act (ADA). While litigation under the ADA has addressed discrimination in public accommodations, employment, and education, Weber points out that the law has done little to combat disability harassment. He recommends that arguments based on unused provisions of the ADA should be developed and new legal remedies advanced to address the problem. Disability Harassment also draws on case law to explore special problems of harassment in the public schools, and closes with an appeal to judges and lawmakers for expanded legal protection against harassment.
Van Horne V. Muller
Author: Unzicker V. Kraft Food Ingredients Corporation
Author: The Psychology and Law of Workplace Violence
Author: Irvin H. PerlinePublisher: Charles C Thomas Publisher
ISBN: 0398074321
Category : Business & Economics
Languages : en
Pages : 529
Book Description
The Psychology and Law of Workplace Violence examines the causes, risk factors, prevention and legal issues associated with workplace violence. Previous attempts to explain these crimes are often only descriptive and do not identify the basic underlying psychological mechanisms and yet, from the largest violent acts, such as the September 11th "Attack on America," to the smallest violent workplace crime, the psychological mechanisms are the same. This landmark text offers a different perspective to the current concepts of workplace violence and will likely change the way people conceptualize violent crime. Part One of the text identifies eight underlying factors responsible for these crimes, identifies two necessary conditions for their occurrence, and develops several significant, new concepts related to the field. Part Two discusses state and federal legal issues surrounding workplace violence. Workers' compensation, employer liability and employer duties under negligence law, hiring, supervision and firing, the legal aspects surrounding premises security, employee privacy issues, the ADA, the Fair Credit Reporting Act, and criminal history inquiries are but a few of the many legal topics discussed. This section is written in a practical, easy-to-understand manner and contains materials that are often available only in law libraries. The final Part Three of the text is a compendium of workplace violence case histories and includes numerous nationally recognizable incidents along with many others that have not been widely publicized. An interesting description of details surrounding each crime and its aftermath is included. What happened to the perpetrator? What happened to the victims? In addition, for many cases, how the case relates to other cases and issues that have arisen from the case are discussed. In this section, which is the largest published compilation of case history material on workplace violence to date, covers over
Adcock V. Brakegate, Ltd
Author: West's Smith-Hurd Illinois Compiled Statutes Annotated
Author: IllinoisIllinois Reports
Author: Illinois. Supreme CourtPublisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 664
Book Description