Workplace Harassment Law, Second Edition

$495.00

Workplace Harassment Law provides attorneys with comprehensive guidance for bringing or defending a harassment suit. Topics covered include the requirements for bringing a case, administrative remedies, parties involved in a claim, establishment of the causal connection with respect to each of the protected classes, and much more.


DESCRIPTION

Much has changed since the First Edition of Workplace Harassment Law was published. The #MeToo movement has focused scrutiny on workplace harassment. The EEOC has published new enforcement guidance affecting workplace harassment law, including its 2017 proposed enforcement guidance. The Office of Civil Rights of the U.S. Department of Education has issued a revised process for discrimination complaints under Title IX and other federal statutes. Courts have recognized new protected statuses, and have expanded existing protected statuses under Title VII and other federal and state law.  Class actions and criminal prosecutions for workplace harassment have increased. And the Supreme Court has issued six significant opinions, at least two of which have modified prior harassment law.

All of these developments make the Second Edition a “must have” resource.  It features new chapters reflecting the expansion of the practice area, together with updated chapters discussing each protected status, the causal connection between harassment and liability for employers and alleged harassers, potential defenses, the nuts and bolts of bringing and defending claims, and much more.

Hot-button topics covered in Workplace Harassment Law, Second Edition include:

  • The impact of the #MeToo movement, new EEOC Enforcement Guidance, and new Supreme Court cases (NEW) 
  • Administrative exhaustion and the EEOC investigation and enforcement processes
  • The OCR process as revised and liability under Title IX (NEW)
  • Harassment based on:
    • Gender
    • Race
    • National Origin/Ethnicity/Ancestry/Alienage
    • Religion
    • Age
    • Disability
    • Association
    • Gender non-conformity/Stereotype/Identity/Orientation (NEW)
    • Multiple Status/Intersectionality (NEW)
    • Bystander/Third Party status
  • Employer liability for quid pro quo harassment or harassment by an employer or an employer’s proxy or alter-ego
  • Employer vicarious liability for hostile work environments created by supervisors through tangible adverse employment actions or created by managers, coworkers and non-employees, and available defenses
  • The standard of objectively and subjectively severe or pervasive harassment to be met for actionable harassment
  • Employer liability for constructive discharge and retaliation, and available defenses
  • Collective bargaining issues
  • Workplace bullying (NEW)
  • Theories of liability available under state law, common law, and criminal law
  • Procedural and evidentiary issues, defenses, injunctive and monetary relief, and attorneys’ fee issues
  • Settlement issues, including Tax Reform Act constraints 

SUMMARY OF CONTENTS 

PART I:  OVERVIEW

  • Overview: Workplace Harassment Law in the Wake of the #MeToo Movement

PART II:  BASES OF HARASSMENT CLAIMS

  • Harassment Based on Gender
  • Harassment Based on Race or Color
  • Harassment Based on National Origin, Ethnicity, Ancestry, or Alienage
  • Harassment Based on Religion
  • Harassment Based on Age
  • Harassment Based on Disability
  • Harassment Based on Association
  • Harassment Based on Gender Conformity, Gender Stereotype, Gender Identity, or Sexual Orientation
  • Harassment Based on Multiple Statuses or Intersectionality
  • Bystander/Third Party Bases of Harassment Claims

PART III:  EMPLOYER LIABILITY

  • Employer Liability for Quid Pro Quo Harassment or Harassment by an Employer or an Employer’s Proxy or Alter-Ego
  • Harassment Objectively and Subjectively Severe or Pervasive
  • Harassment Creating a Constructive Discharge
  • Employer Liability for Harassment Culminating in a Tangible Employment Action
  • Employer Vicarious Liability for Harassment by Supervisors Creating a Hostile Environment
  • Employer Liability for Manager, Coworker, or Nonemployee Hostile Environment Workplace Harassment
  • Retaliation for Opposing Harassment and Harassment Because of a Protected Activity
  • Harassment Not Based on a Protected Status

PART IV:  INVESTIGATION, ENFORCEMENT, AND OTHER ISSUES ARISING UNDER FEDERAL AND STATE LAW

  • Federal Agency Enforcement of Claims Under Federal Statutes
  • Harassment Claims Under Other Federal Laws
  • Harassment Claims Under State FEP Statutes
  • Harassment Claims Under Common Law
  • Harassment Issues Arising Under Criminal Law
  • Harassment Issues Arising Under Collective Bargaining Agreements
  • Exhaustion and Agency Investigation Under Federal Law
  • Handling the Title IX Employment Case: Litigation Overview

PART V:  PARTIES

  • Who is Eligible to Sue, Including the Alleged Harasser as Plaintiff
  • Who Is Subject to Suit, Including the Alleged Harasser as Defendant

PART VI:  TIMELINESS AND EVIDENTIARY ISSUES

  • Statute of Limitations and Equitable Doctrines
  • Expert Witnesses and Special Evidentiary Issues

PART VII:  RELIEF AVAILABLE

  • Injunctive Relief
  • Monetary Relief
  • Attorney’s Fees and Costs
  • Settlement Issues

PART VIII:  SPECIAL ISSUES

  • Workplace Bullying

PART IX:  INTERNATIONAL

  • Sexual Harassment Law in Canada

Appendices/Index/Table of Cases

 

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AUTHORS

Gilbert F. Casellas is a former Chairman of the Equal Employment Opportunity Commission in Washington, D.C.

Diane M. Soubly is Of Counsel at Butzel Long in Ann Arbor, MI. As a labor and employment law litigator, a Fellow of the College of Labor and Employment Lawyers, and a Fellow of the American College of Employee Benefits Counsel, Diane has represented private, public, and nonprofit employers in all facets of labor and employment litigation and counseling.


Published:  2018
ISBN:  978-1-68267-574-8
REVIEWS

“With charges of sexual harassment ranging from the corporate office to the White House, and EEOC claims skyrocketing, this work provides timely analysis of one of the most explosive areas of contemporary law.”

Kendall F. Svengalis

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