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.)