Description
Understand what you should consider when representing a woman with a workplace discrimination claim.The topic will begin with a discussion of issues to be considered prior to agreeing to represent the client. Next, the material will address prelitigation considerations, such as whether to attempt to enter into early settlement negotiations. The topic will then address many of the procedural issues that will arise at the state or federal administrative agencies where a discrimination must first be filed and the factors to consider when weighing whether to keep the dispute at the administrative agency or to instead remove the dispute and proceed in state or federal court. The material will next address issues to consider if the dispute proceeds in state and federal court. And finally, the information will address a variety issues relating to how to value the case.
Date: 2021-01-21 Start Time: End Time:
Learning Objectives
Getting to Know Your Client and the Facts
• Meeting Your Client and Assessing the Merits of Her Claim
• Asking Tough but Sensitive Questions
• Issue Spotting (Discrimination in Terms of Employment, Sexual Harassment, Retaliation, Wage and Hour, Non-Discrimination Claims)
• Unfavorable Facts
• Proper Defendant
• Set Reasonable Expectations
• Discuss the Need to Mitigate Damages
• Preservation of Evidence
• Social Media (Your Client’s and Other Witnesses)
• Statute of Limitations
Pre-Litigation Settlement
• Consider Sending a Demand Letter
• Possibly Send a Draft Complaint
• Weigh the Value of Trying to Settle Early
Administrative Complaint
• Exhaustion Requirement
• State vs. Federal Agency
• What to Expect
• Stay at the Agency or Remove Before Any Preliminary Determination
• If Agency Issues Negative Determination, Could Still Bring to Court but Less Promising
State or Federal Court
• Filing the Complaint With Sufficient Detail
• Discovery
• Types of Evidence
• Anticipate Motion for Summary Judgment and Plan Discovery Accordingly
• Getting Ready for Trial
Valuing the Case
• Wages
• Emotional Distress
• Punitive Damages
• Offsets (e.g., Unemployment Compensation, Disability Benefits, Other Income)
• Attorney Fees
• Costs
• Is There an Insurer Involved?
• Mediation
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Michael Aleo-Lesser, Newman, Aleo & Nasser LLP
