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Equal Employment Law Update, Summer 2007 Edition

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You’ll never be caught off guard by the annual flood of appellate EEO decisions with this rolling two-year collection of case analyses—Equal Employment Law Update. With thoroughly balanced case descriptions, this treatise will keep you current on cases, comments, strategies, and all substantive areas in EEO law, plus the procedural and trial-related issues common to all of the relevant statutory claims.

Equal Employment Law Update addresses the scope of civil rights protections, including an overview of 12 key statutes; theories and proof—including constructive discharge, retaliation, demands for sexual favors, and other topics; employment litigation—including class and representative actions, mandatory arbitration, discovery, evidence, and more. Equal Employment Law Update also discusses remedies—including injunctive relief, back pay, punitive and liquidated damages, taxation, and other topics; and special issues—including government contractors, state and local employers, federal employers, and the EEOC as a litigant.

Critical discussions in the new Summer 2007 Edition of Equal Employment Law Update include pointers from Supreme Court decisions in 2007, including:

  • The changes Bell Atlantic Corp. v. Twombly made in the pleading rules that will change employment law practices, as discussed in Chapter 36, on Pretrial Orders and Other Interlocutory Rulings. While this is an antitrust case and would be ignored in many employment-law treatises, the Court used this case to overturn the broad tolerance for general pleadings that had been announced in a civil rights case in 1947, Conley v. Gibson. Every practitioner needs to know the new requirement of alleging enough facts to permit an inference or broad conclusion. This applies to pleading defenses as well as claims, and practitioners can no longer depend on discovery to get the facts they need, because the ruling is intended to limit discovery as to claims not well-pleaded.
  • What went wrong with the Seattle and Louisville school officials’ plans for taking race into account in student assignments? The discussion of Parents Involved in Community Schools v. Seattle School District No. 1 in Chapter 23 on Affirmative Action shows exactly what went wrong, and helps employers with their own affirmative action plans and government officials with contract set-aside plans avoid making the same mistakes. It is a hallmark of Equal Employment Law Update that cases outside the field of employment law may have a direct bearing on our employment-law practices and clients, and those cases are included.
  • The discussion of Ledbetter v. Goodyear Tire & Rubber Co., in Chapter 27 on Timeliness, and an author’s lengthy comment on the case bypasses the political points and shows the practical problems posed for employees and employers alike in the face of this ruling. There are implications that have not been discussed outside this volume.
  • Chapter 58, on Special Issues with State and Local Governmental Defendants, has more than 130 pages devoted to the unique problems of a significant part of the workforce, a matter ignored by many employment law treatises. This edition includes 88 new citations, including new cases from the Supreme Court and every Circuit. No Circuit has fewer than three new citations, eight of the Circuits have five or more, and four have ten or more new citations.
2007/1,714 pp. Softcover/ISBN 9781570186257/Order #1625 

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