Written by Ernest Hadley and Deryn Sumner, both 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 wide 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 also provided.

New in 2013: In its 3rd edition, 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.

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—including intentional discrimination, disparate impact, harassment, reasonable accommodation, and reprisal
• Case Evaluation—including fact gathering, legal research, the report of investigation, remedies for inadequate investigation, procedural issues, and assessing the case
• Prehearing Practice and Discovery—including request for hearing, docketing and acknowledgment, amendment and consolidation, motions practice, and discovery
• Settlement—including reasons and methods for settlement, drafting agreements, and settlement devices
• Individual Complaint Hearing Practice—including preparing for the hearing, preliminary and post hearing matters, opening and closing statements, witness examination, introducing documents, objections, and bifurcated hearings
• Class Actions Practice—including class certification, hearings, liability, and proceedings on remedies
• Remedies—including back pay, front pay, compensatory damages, hearing practices, remedy procedures, enforcement of settlement agreements, and attorney fees and costs
• Decisions, Appeals and Enforcement—including the judge’s decision, final agency actions and decisions, appeals procedures, standards of appellate review, requests for reconsideration and compliance and enforcement
• Appendix A—29 CFR Part 1614
• Appendix B—MD-110: Chapter 7-Hearings
• Appendix C—EEOC Handbook for Administrative Judges

Also includes a detailed table of contents and table of cases.

Also available as a .pdf file on a CD-ROM or as an ebook for instant download.

Related Items

(2016) Discovery Practice before the MSPB (pdf eBook)

A 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)

---

(2008) Effective Summary Judgment Motions (pdf eBook)

Effective 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)

---

(1998) Motions Practice before the MSPB and the EEOC (pdf eBook)

Prehearing and post-hearing motions, as well as rules of motion practice are studied in this 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)

---

(2012) Crafting Durable Settlement Agreement (pdf eBook)

Crafting 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)

---

(2020) Compensatory Damages and Other Remedies (.pdf download)

A Dewey bestseller, Compensatory Damages is the seminal text on how to support and defend against claims for compensatory damages and other remedial claims in federal sector employment discrimination cases. Includes case summaries through mid-2020 and a chart of significant awards. Major topics include equitable and compensatory damages, proving damages, mitigation and offset, back pay, collateral source rule, tax consequences, settlement, managing discovery, calculating damages, and attorney. (more details)

---