Litigating an Employment Discrimination Case

The litigation of an employment discrimination must begin with a thorough understanding of the discrimination laws in effect, both federally and in the state and city where the litigator is proceeding.

This presentation, led by attorney Arthur Schwartz, begins with some of the basic premises of employment law, the concept of employment at will, the modification of “at will” by an employment contract, and the further modification of at-will employment by the creation of statutory rights. We then move on to the post-Civil War statutes (42 U.S.C. § 1981), the Railway Labor Act, the Fair Labor Standards Act, the Equal Pay Act, and the National Labor Relations Act. From there, the presentation looks at the Federal Civil Rights Act of 1964 and 1972 (Title VII), the Occupational Health and Safety Act (OSHA), the Rehabilitation Act of 1973 (Section 504), the American with Disabilities Act (ADA), the Family Medical Leave Act, and various federal whistleblower laws. The presentation also briefly touches on the impact of local laws like the New York City Human Rights Law and the Workers’ Compensation Law.

Next we review the choices made during client intake and the procedures at the initiation of a case. Should one go to court right away or utilize an administrative agency, or do both? There is particular emphasis on EEOC practices and procedure, up through receipt of a Right to Sue Letter.

Finally, the course explores the pleading of a Federal Complaint, including jurisdictional requirements to the pleading of alternative claims, theories of recovery, the litigation of a motion to dismiss, burdens of proof, discovery issues, surviving summary judgment, knowing when to settle, and attorneys’ fees, both in settlement and after trial.

Learning Objectives:

1. Examine the basic premises of employment law
2. Review client intake and case initiation
3. Explore the pleading of a Federal Complaint