Employment Discrimination Depositions

Price: $195.00 400 pages. 1 Looseleaf Volume. Forms. Index. Updated annually or when needed.
ISBN-13: 978-1-57823-094-5 / ISBN-10: 1-57823-094-2

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Book Overview

Employ.01 Introduction

Employ.02 The Purpose of Depositions

Employ.03 Who Should Be Deposed?

[1]—The Deposition of the Plaintiff by the Defendant

[2]—The Deposition of the Defendant(s) by the Plaintiff

[a]—The Plaintiff's Supervisor

[b]—Key Decision Maker of Employer

[c]—Human Resources Personnel

[d]—Former Co-Workers of the Plaintiff

[e]—Person Designated to Testify on Behalfof Corporation

[f]—Employer's Officers or Executives

[3]—The Deposition of Third Parties

[a]—Former Employees

[b]—Family Members of Plaintiff

[c]—Treating Physician as a Percipient Witness

[d]—Custodians of Business Records

[e]—Out-Of-State Witnesses

[4]—The Deposition of an Expert Witness

Employ.04 Scheduling the Deposition

[1]—When Should the Deposition Be Scheduled?

[2]—The Sequence of the Depositions

[3]—Where Should the Deposition Take Place?

[4]—Should the Client Be Present?

Employ.05 Does the Deposition Best Serve Your Client's Needs?

Employ.06 Preparing for Taking a Deposition

[1]—Conduct Extensive Discovery Before the Deposition

[a]—Mandatory Disclosure Pursuant to Rule 26

[b]—Document Demands

[1]—Sample Document Demand Propounded by Plaintiff to Defendant.

[c]—Interrogatories

[1]—Sample Interrogatories Propounded by Plaintiff to Defendant

[2]—Sample Interrogatories Propounded by Defendant to Plaintiff

[d]—Requests for Admissions

[e]—Subpoena of Third-Party Records

[2]—Electronic Discovery

[a]—Introduction

[1]—The Amendments to the Rules of Civil Procedure

[2]—Accessible v. Non-Accessible Sources

[3]—Form of Production

[4]—Privilege

[5]—Sanctions and the Safe Harbor Provision

[b]—The Preservation Obligation

[1]—Implementing a Litigation Hold

[c]—Retention Policies

[1]—Other Electronic Data Policy Tips

[d]—Rule 30(b)(6) Deposition Regarding ESI

[3]—Is a Protective Order Needed?

[4]—The Defendant Should Conduct a Comprehensive Internal Investigation

[5]—Review the Case File and Documents

[6]—Understanding the Legal Issues Involved— Research is Key

[7]—Determine Objectives of the Deposition

[8]—Consult With Expert if Necessary

[9]—Prepare Deposition Outline

[10]—Prepare Exhibits in Advance Sample Stipulated Protective Order

Employ.07 General Deposition Techniques

[1]—Open Ended and Leading Questions

[2]—Demeanor of Attorney

[3]—Scattering the Issues

[4]—"Close Out" Each Topic

[5]—Prior Inconsistent Statements

[6]—How to Handle Deponents Who Cannot Recall Information

Employ.08 Retaining Control of the Deposition

[1]—Handling Hostile Opposing Counsel

[2]—Instructions Not to Answer

Employ.09 Videotaping Depositions

[1]—Advantages of Videotaping

[2]—Any Party Can Videotape a Deposition

[3]—Cost May Be a Prohibitory Factor in Deciding Whether to Videotape

[4]—Reasons Other Than Cost Why a Party Should Not Videotape

Employ.10 Preparing Yourself to Defend a Deposition

[1]—Defining Your Objectives

[2]—List of Common Objections

[3]—Cross—Examining Your Own Witness

[4]—Privilege Issues and Instructions Not to Answer

Employ.11 Preparing the Witness For a Deposition

Employ.12 Beginning the Deposition

[1]—Sample Admonitions

[2]—Sample Questions to Elicit Background Information

Employ.13 Common Topics Relevant to Discrimination Cases

[1]—The Plaintiff's Application and Resume, and the Interview and Hiring Process

FORM NO. 1: Plaintiff's Application and Interview—Defendant's Questions for Plaintiff

FORM NO. 2: Plaintiff's Application and Interview—Plaintiff's Questions for Defendant's Agent

[2]—Employment At—Will

FORM NO. 3: Employment At-Will—Defendant's Questions for Plaintiff

FORM NO. 4: Employment At-Will—Plaintiff's Questions for Defendant's Agent

[3]—Employee Handbook and Company Policies

FORM NO. 5: Employee Handbook/Policies—Defendant's Questions for Plaintiff

FORM NO. 6: Employee Handbook/Policies—Plaintiff's Questions for Defendant's Agent

[4]—The Plaintiff's Performance

FORM NO. 7: Plaintiff's Performance—Defendant's Questions for Plaintiff

FORM NO. 8: Plaintiff's Performance—Plaintiff's Questions for Defendant's Agent

[5]—The Plaintiff's Supervisors

FORM NO. 9: Plaintiff's Supervisors—Defendant's Questions for Plaintiff

FORM NO. 10: Plaintiff's Supervisors—Plaintiff's Questions for Plaintiff's Supervisors

[6]—Treatment of Similarly—Situated Employees

FORM NO. 11: Treatment of Similarly Situated Employees—Defendant's Questions for Plaintiff

FORM NO. 12: Treatment of Similarly Situated Employees—Plaintiff's Questions for Plaintiff's Supervisor

[7]—Record of Disciplinary Actions

FORM NO. 13: Disciplinary Records—Defendant's Questions for Plaintiff

FORM NO. 14: Disciplinary Records—Plaintiff's Questions for Defendant's Agent

[8]—Reason For Termination of the Plaintiff's Employment

FORM NO. 15: Plaintiff's Discharge—Defendant's Questions for Plaintiff

FORM NO. 16: Plaintiff's Discharge—Plaintiff's Questions for Defendant's Agent

[9]—Prior Lawsuits And Administrative Complaints

FORM NO. 17: Prior Lawsuits/Administrative Complaints—Defendant's Questions for Plaintiff

FORM NO. 18: Prior Lawsuits/Administrative Complaints— Defendant's Questions for Plaintiff's

[10]—Deposition Testimony Pertaining To Common Topics

FORM NO. 19: Questions Regarding the Plaintiff's Application and Resume

Employ.14 Specific Types of Discrimination Claims

[1]—Sexual Harassment

[a]—Quid Pro Quo Harassment

[b]—Hostile Work Environment

[c]—Same—Sex Sexual Harassment

FORM NO. 20: Sexual Harassment—Defendant's Questions for Plaintiff

FORM NO. 21: Sexual Harassment—Plaintiff s Questions for Defendant's Agent

FORM NO. 22: Sexual Harassment—Examination of Plaintiff

FORM NO. 23: Sexual Harassment—Examination of Defendant

[2]—Title VII

[a]—Types of Claims

[1]—Disparate Treatment Claims

[2]—Disparate Impact Claims

[b]—Gender Discrimination

[c]—Race and Color

[d]—National Origin

[e]—Religion

FORM NO. 24: Title VII Discrimination—Defendant's Questions for Plaintiff

FORM NO. 24A: Title VII Discrimination—Defendant's Questions for Plaintiff's Economic Expert Background

FORM NO. 25: Title VII Discrimination—Plaintiff's Questions for Defendant's Agent or Supervisor

FORM NO. 25A: Title VII Discrimination—Defendant's Questions for Plaintiff in Sex Discrimination Case

FORM NO. 26: Title VII Sexual Harassment—Examination of Plaintiff

FORM NO. 27: Title VII Sexual Harassment—Examination of Defendant

[3]—Age Discrimination

FORM NO. 28: Age Discrimination—Defendant's Questions for Plaintiff

FORM NO. 29: Age Discrimination—Plaintiff's Questions for Defendant's Agent or Supervisor

FORM NO. 30: Age Discrimination—Examination of Plaintiff

FORM NO. 31: Age Discrimination—Examination of Defendant's Agent

[4]—Medical Condition/Disability Discrimination

[a]—Introduction

[1]—Overview

[2]—Disability Defined

[3]—Major Life Activity

[4]—"Qualified Individual"

[5]—Harassment

[b]—Plaintiff's Burden of Proof

[1]—Discrimination Based on Disability

[2]—Failure to Provide a Reasonable Accommodation

[3]—Discrimination Against Individual Who Has a "Record Of" Disability

[4]—Discrimination Against Individual "Regarded As" Disabled

[c]—Defenses

[1]—Undue Hardship

[2]—Requested Accommodation is Unreasonable

[3]—Legitimate Non—Discriminatory Business Reason

[4]—Business Necessity

[5]—Direct Threat

FORM NO. 32: Plaintiff's Disability—Defendant's Questions for Plaintiff

FORM NO. 33: Plaintiff's Disability—Plaintiff's Questions for Defendant's Agent

FORM NO. 34: Medical Condition/Disability Discrimination—Examination of Plaintiff

FORM NO. 35: Medical Condition/Disability—Examination of Defendant

[5]—Pregnancy/Family Care and Medical Leave

[a]—Introduction

[b]—Plaintiff's Entitlement to Protection

[c]—Employer's Duty to Investigate

[d]—Prima Facie Case

[e]—Limited Defenses to FMLA Claims

[f]—Pregnancy Discrimination Act

FORM NO. 36: Plaintiff's Pregnancy/Family Care and Medical Leave—Defendant's Questions for Plaintiff

FORM NO. 37: Plaintiff's Pregnancy/Family Care and Medical Leave—Plaintiff's Questions for Defendant's Agent

FORM NO. 38: Pregnancy and Family Leave—Examination of Plaintiff

FORM NO. 39: Pregnancy and Family Leave—Examination of Defendant

[6]—Retaliation

[a]—The Plaintiff's Prima Facie Case

[b]—Defenses to Retaliation Claims

[1]—Trivial Acts

[2]—No Causal Connection

FORM NO. 40: Retaliation—Defendant's Questions for Plaintiff

FORM NO. 41: Retaliation—Plaintiff's Questions for Defendant's Agent or Supervisor

FORM NO. 42: Retaliation—Examination of Plaintiff

FORM NO. 43: Retaliation—Examination of Defendant

[7]—Sexual Orientation

FORM NO. 44: Sexual Orientation Discrimination Defendant's Questions for Plaintiff

Employ.15 Damages

[1]—Introduction

[2]—Specific Damages Available to the Plaintiff

[a]—Damages for a Violation of the Family and Medical Leave Act (FMLA)

[b]—Damages for a Violation of Title VII (Including Sexual Harassment) and the Americans with Disabilities Act (ADA)

[1]—Back Pay

[2]—Front Pay

[3]—Interest

[4]—Emotional Distress and Compensatory Damages

[5]—Punitive Damages

[6]—Attorneys' Fees

[7]—Mitigation

[c]—Damages for Age Discrimination under the Age Discrimination in Employment Act (ADEA)

FORM NO. 45: General Outline Regarding Damages—Defendant's Questions for Plaintiff

Release 9 (2007)

Book Overview