By: Sumner & Leary and Founding Author Hadley
Price: $250.00
Edition: 4th/2024
Sku: 24RAAC
ISBN: 978-1-956013-35-1
Availability: IN-STOCK
Samples: Table of Contents ------- Text Sample
Written by Deryn Sumner, Shannon Leary and the late founding author, Ernest Hadley, practitioners before the EEOC, Representing Agencies and Complainants Before the EEOC is an authoritative federal sector EEO practice guide for representatives of complainants and agencies. Practice tips and citations to case law are discussed and applied to a variety of circumstances confronted by the practitioner when preparing and trying cases before the EEOC. The EEOC Administrative Judges' Handbook is discussed. Extensive analysis of Part 1614 and MD-110 is provided.
Representing offers statutory additions and changes, including the ADAAA and GINA, and regulatory updates; expanded discussion and updates on sanctions, motions to amend, mixed motive cases, age discrimination, attorney fees and costs, compliance and enforcement, the role of agency counsel in investigations, disability discrimination and accommodations, and complaints based on sexual orientation; with discussion of significant Supreme Court decisions involving supervisors, major life activities, and retaliation. A detailed Index is included in the new 2024 edition. This edition also includes a free download of Reference Materials cited in the text.
This book helps practitioners on both sides better prepare, settle, and try EEO cases, with instruction on:
- EEO Complaint Process Overview—EEOC statutory jurisdiction and individual and class complaint processing
- Theories of Discrimination—intentional discrimination, disparate impact, harassment, reasonable accommodation, and reprisal
- Case Evaluation—fact gathering, legal research, the report of investigation, remedies for inadequate investigation, procedural issues, and assessing the case
- Prehearing Practice and Discovery—request for hearing, docketing and acknowledgment, amendment and consolidation, motions practice, and discovery
- Settlement—reasons and methods for settlement, drafting agreements, and settlement devices
- Individual Complaint Hearing Practice—preparing for the hearing, preliminary and post hearing matters, opening and closing statements, witness examination, introducing documents, objections, and bifurcated hearings
- Class Actions Practice—class certification, hearings, liability, and proceedings on remedies
- Remedies—back pay, front pay, compensatory damages, hearing practices, remedy procedures, enforcement of settlement agreements, and attorney fees and costs
- Decisions, Appeals and Enforcement—the judge’s decision, final agency actions and decisions, appeals procedures, standards of appellate review, requests for reconsideration and compliance and enforcement
Also available as a .pdf file on a CD-ROM, USB Flash Drive, or as an ebook for instant download that has many useful features. Hyperlinks allow the reader to move quickly between the Table of Contents and Index entries and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text. Major cases are linked to internet cites so that the entire case can be viewed.
(2023) Motions Practice before the MSPB and the EEOCPrehearing and post-hearing motions, as well as rules of motion practice are studied in this newly updated practical and helpful guidebook. The authors examine motions presented to the Board and the Commission separately, paying special consideration to how to most effectively use motions for the desired result. Major topics include federal rules of civil procedure and basic, pre- and post-hearing motion practice before the Merit Systems Protection Board and Equal Employment Opportunity Commission. (more details)
(2014) Broida & Gilbert on EEO AdvocacyGary Gilbert and Peter Broida provide intermediate to advanced level instruction for agency advocates on federal EEO administrative proceedings: discovery, hearings, and appeals. They discuss the proper role of counsel during the EEO counseling and investigation process; discovery; motion practice; effective summary judgment submissions; approaches to settlement; hearing preparation, practice, and procedure; examination of witnesses; opening and closing statements and briefs; OFO appeals; and interaction with judges, opposing counsel, and pro se complainants. (more details)
(2015) Darshan Sheth on Representing Agencies Before OSCDarshan Sheth presents this video training course on representing agencies before the OSC. Major topics include: agencies’ obligations to cooperate with OSC investigations, responding to OSC requests for information, handling informal and formal stay requests, representation at OSC interviews, dealing with reports of prohibited personnel practices, negotiating settlements, safeguarding confidential materials, disciplinary actions, and handling recommendations for systemic corrective actions. (more details)
(2008) Effective Summary Judgment MotionsEffective Summary Judgment Motions offers a comprehensive analysis of EEO summary judgment case law along with practice tips and sample motions. Major topics include rules, regulations, and guidance; summary judgment standards; written motion papers; intentional discrimination cases; harassment cases; disability cases; reprisal cases; and religious accommodation cases. (more details)
(2012) Crafting Durable Settlement AgreementCrafting Durable Settlement Agreements is a complete research tool for negotiating, drafting and enforcing settlement agreements, with expert commentary and sample agreement provisions and terms. Analysis of relevant MSPB and EEO case law, regulations, OPM guidance, and MD-110, and Federal Rules of Evidence is included. Major topics include settlement principles and advice, guidelines for settlement, settlement authority, collateral use of and challenges to agreements and offers, preparation for settlement, alternative discipline agreements, last chance agreements, pre-appeal agreements, common settlement terms, enforcement, and rescission. (more details)
(2016) Discovery Practice before the MSPBA Dewey classic, Discovery Practice Before the MSPB is now in its third edition, offering comprehensive instruction on oral and written discovery before the MSPB, and includes samples of discovery materials, a detailed examination of discovery procedure, relevant case citations, MSPB regulations, and more, to help maximize discovery and better prepare for litigation. Major topics include non-discovery tools for obtaining information, sample instructions, depositions, interrogatories, requests for documents, physical and mental exams, requests for admissions, motions to compel, how to protect against discovery, and sanctions. (more details)
(2026) Consolidated EEO Update 2004-2026Updated annually, this comprehensive text digests notable Commission and federal court employment discrimination decisions from 2003 through early 2026 and reviews EEO laws, regulations, and guidance. Major topics include recent trends in the law; bases of discrimination; attorney fees; class actions; compensatory damages; appellate review; evidence; harassment; hearings; mixed cases; procedures; remedies; reprisal; settlement; and sexual harassment. (more details)
