American Bar Association Sexual Harassment and Retaliation: A Practical Guide for Plaintiff and Defense

Harassment claims based on sex, not just sexual conduct or language, have become more complex and difficult to defend. 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. Providing current information on a behalf of plaintiff/employees and defendants/employers. The book begins by providing a platform that the practitioner can use to assess and handle gender harassment and retaliation cases. It 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. Once a claim has been made, claim must be investigated. 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 policies Investigating, preparing, and responding to the claim Employment practices liability insurance Representing and defending the alleged harasser Arbitration in a harassment case Discovering juror attitudes in sexual harassment cases Evidentiary issues Damages To 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 actions Discovery and deposing the alleged harasser and the witnesses for the other party Motions for, and defending against, summary judgement Voir dire and opening statement by the opposing party Cross-examination Closing argument and jury instructions