Treatise Table of Contents
(Search the
Treatise Index
first)
Chapter 1 - Who can sue?
(Discussion of who can sue for employment discrimination.)
Chapter 2 - Who can be sued?
(Discussion of who can be sued for employment discrimination.)
Chapter 3 - General principles of employment discrimination law
(This chapter sets forth general principles that do not fit
elsewhere in the treatise.)
Chapter 4 - Proving disparate treatment
discrimination
(Discussion of direct evidence and McDonnell Douglas
indirect method of proof. Largest and most important chapter in
treatise.)
Chapter 5 - Proving non-disparate treatment
claims
(Discussion of disparate impact, affirmative action, etc.)
Chapter 6 - Procedural requirements
(Exhaustion of administrative remedies.)
Chapter 7 - Pre-trial practice
(Discussion of pleadings, discovery, motion practice.)
Chapter 8 - Pre-trial resolution
(Discussion of arbitration as well as settlement and release issues.)
Chapter 9 - Employer's defenses
(Discussion of defenses available to employer.)
Chapter 10 - Trial practice
(Discussion of trial
management, evidentiary issues, and jury instructions.)
Chapter 11 - Appellate practice
(Discussion of
appellate issues. Not yet online.)
Chapter 12 - Age
discrimination
(Discussion of issues
specific to the Age Discrimination in Employment Act.)
Chapter 13 - Disability discrimination
(Discussion of issues specific to the Americans with Disabilities
Act and the Rehabilitation Act.)
Chapter 14 - Equal Pay Act
(Discussion of issues
specific to the Equal Pay Act.)
Chapter 15 - FMLA
(Discussion of issues
specific to the Family and Medical Leave Act. Not yet online.)
Chapter 16 - 42 U.S.C. §
1981
(Discussion of
employment discrimination law issues specific to 42 U.S.C. § 1981.)
Chapter 17 - 42 U.S.C. §
1983
(Discussion of employment
discrimination law issues specific to 42 U.S.C. § 1983.)
Chapter 18 - Title VII
(Discussion of issues
specific to Title VII. Online soon. For issues such a prima facie
case, pretext, etc. see Chapter 4.)
Chapter 19 - Hostile work
environment
(Discussion of hostile
work environment or harassment issues.)
Chapter 20 - Retaliation
(Discussion of
retaliation issues.)
Chapter 21 - Damages and other
relief
(Discussion of damages issues.)
Chapter 22 - Attorney's fees
(Discussion of
attorney's fees and court costs.)
Chapter 23 -
Compare federal and state employment discrimination laws
Chapter 24 - Miscellaneous
(Discussion of issues that
do not fit anywhere else. For example, preemption of employment
discrimination laws.)