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Garland's Digest Treatise
on employment discrimination law
online since 1997
 

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Disclaimer: The Treatise is based upon federal appellate court decisions from 1996 to 2008. We are currently in the process of updating the Treatise. Until that update is complete, it is possible that certain cases cited in the Treatise may no longer represent current law.

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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.)

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