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 pre-litigation 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.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
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
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 21, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Michael Aleo
Lesser, Newman, Aleo & Nasser LLP
- Partner at Lesser, Newman, Aleo & Nasser in Northampton, Massachusetts
- Previously worked at two private law firms that focused on representing employees in disputes with their employers
- Previously worked at a nonprofit organization in Boston, Massachusetts, the Lawyers’ Committee for Civil Rights
- Practice includes various areas of civil litigation, with a focus on representing employees
- Has represented countless women who have experienced discrimination in the workplace, including discrimination in the terms and conditions of employment as well as sexual harassment
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More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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