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CURRENT ISSUES IN EMPLOYMENT DISCRIMINATION LITIGATION

CURRENT ISSUES IN EMPLOYMENT DISCRIMINATION LITIGATION. Winter 2011 James D. “Buddy” Caldwell Attorney General. Employment Discrimination . Brief Review of Basic Concepts. Employment Discrimination . Overview Federal and state laws forbid discrimination

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CURRENT ISSUES IN EMPLOYMENT DISCRIMINATION LITIGATION

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  1. CURRENT ISSUES INEMPLOYMENT DISCRIMINATIONLITIGATION Winter 2011 James D. “Buddy” Caldwell Attorney General

  2. Employment Discrimination Brief Review of Basic Concepts

  3. Employment Discrimination Overview Federal and state laws forbid discrimination in any “aspect of employment” based on a “prohibited factor” State law generally tracks federal law and applies the same standards

  4. Employment Discrimination Prohibited factors: Race Age Color Disability/Medical Conditions Religion Pregnancy/Caretakers Gender Sexual orientation National origin Genetic information Military service Smoking preference

  5. Employment Discrimination Types of claims: Failure to Hire or Promote Harassment (sexual or otherwise) Hostile Work Environment Deprivation of/Interference with Benefits Wrongful Termination (including constructive discharge)

  6. Employment Discrimination Proof of intent to discriminate is not essential to a successful claim

  7. Employment Discrimination Effective strategies to minimize risk

  8. Employment Discrimination Documentation: striking the right balance

  9. Employment Discrimination We got sued: now what?

  10. Employment Discrimination Recent cases involving failure to hire or promote

  11. Employment Discrimination Recent cases involving harassment

  12. Employment Discrimination Recent cases involving hostile work environment

  13. Employment Discrimination Recent cases involving benefits deprivation/interference

  14. Employment Discrimination What to learn from developments in the law in 2010

  15. Employment Discrimination What to expect in 2011

  16. Employment Discrimination Questions and Comments

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