Preliminary Sections

• Author: Aaron B. Maduff
• Pages: 1-14

LITIGATING SEXUAL HARASSMENT

& SEX DISCRIMINATION CASES

BY AARON B. MADUFF

HIGHLIGHTS

This new edition of Litigating Sexual Harassment & Sex Discrimination Cases is packed with dozens of new

case citations and practice tips throughout the book. The highlights include new and expanded coverage of:

STATUTORY AND OTHER GROUNDS FOR LIABILITY

• “Honest belief” rule as applied to employer’s explanation for adverse action

• Proving discrimination to a jury via mosaic method

• Proof of reasonable fear of retaliation to defeat employer’s aff‌irmative defense

WORKPLACE INVESTIGATIONS

• Plaintiff’s failure to report harassment is not per se unreasonable

• Telling alleged harasser to “act professionally” is insuff‌icient response to complaint of harassment

PLEADING

• Tip: Leave no room for “decision before the complaint” defense

• Proof of employer’s concerted effort to force plaintiff to quit may support Inf‌liction of emotional distress claim

• Benef‌its of pleading both FMLA and Title VII violations in wrongful termination case

• When and how to meet test for piercing the corporate veil

• New Task: File Motion to Strike Aff‌irmative Defenses

DISCOVERY

• Notice of Rule 30(b)(6) deposition:

• “including, but not limited to” language

• “catch-all” topics, such as “all applicable policies and procedures”

• material and decisions protected by work product doctrine

• When and how to suspend a deposition (short answer: as a last resort)

• One question always to ask comparator employee(s) at deposition

APPEALS

• Erroneous jury instructions

• Improper award of punitive damages

AND MORE!