Winning Forms and Strategies for Age Cases
As the percentage of older people in the workplace increases, the need for these workers to receive protection from discrimination grows more urgent. Age Discrimination Litigation can help.
Age discrimination claims can yield big returns. Settlements and jury awards are much higher than those for race, sex, and disability claims. But the lack of direct evidence can make it difficult to survive summary judgment and win fair compensation.
Thankfully, respected litigators L. Steven Platt and Cathy Ventrell-Monsees know what it takes to win age cases. They have tried over 100 age cases and submitted more than 50 amicus briefs to the U.S. Supreme Court and circuit courts. Within Age Discrimination Litigation, they reveal proven strategies, procedures, law, and forms to help you:
- Select winning cases
- Manage the charge-filing process
- Represent multiple plaintiffs
- Beat statutes of limitation
- Draft effective motions
- Focus your discovery
- Resist attempts to limit evidence
- Draft jury instructions
- Overcome defenses
- Protect attorney’s fees
Age Discrimination Litigation offers dozens of powerful strategies, all annotated and many available nowhere else:
- How to avoid losing on summary judgment on pretext issues: changing reasons, discriminatory comments, ageist culture, comparable qualifications, statistical evidence, and more.
- Does FICA need to be withheld from age discrimination settlements and awards? May settlement agreements be structured to further reduce tax liability? Read Tax Aspects of Settlements, §12:110, and its cited cases and decide for yourself.
- Plaintiffs: file motions in limine for affirmative use. When to use them, benefits of use, and factors weighed in their grant or denial, all with supporting authority.
- How to use disparate impact statistics to prove pretext in disparate treatment cases, even when the sample size is small.
- The enforceability of confidentiality agreements under OWBPA, with 4 model settlement agreements.
- Post-Kimel exceptions where state employers can still be sued under federal law: voluntary state consent, federal spending power, 14th Amendment, and suits against municipal governments or individual state officials.
The discovery, settlement, and trial forms immediately raise the level of your advocacy.
- Seven sets of Plaintiff’s Interrrogatories: termination, failure to hire, failure to promote, demotion/termination, defendant’s experts, state human rights commission for failure to promote and termination.
- Six Requests for Production of Documents: termination, retaliation, failure to hire, state human rights commission long and short forms.
- Plus Requests for Admissions, Deposition Checklists, Expert Witness Discovery Checklists, and much more.
- Plaintiff’s Rule 56(f) Motion for a Continuance to Conduct Discovery, with annotated drafting tips.
- Detailed and heavily-annotated Memorandum in Support of Plaintiff’s Motion for Attorney’s Fees, with supporting affidavits from lead counsel, supporting counsel, and plaintiff.
Settlement and Trial
- Retainer Agreement with provisions covering: installment payments, fees if reinstatement, cost reimbursements, statutes of limitations, right to withdraw, split representation, and tax consequences.
- Over 50 annotated Jury Instructions, including several each for prima facie case, pretext, proof, retaliation, and damages.
Focused on Issues
Age Discrimination Litigation contains well-supported discussions of frequently-recurring legal issues, citing over 1,500 cases. Authoritative analysis is provided for the law of: constructive discharge, forced retirement, demotions, failure to promote, forced transfers, hostile work environment, what constitutes “willfulness,” failure to apply, differences in pay, severance offset with retirement benefits, retaliation, reasonable job search efforts, after-acquired evidence. and circuit-by-circuit summaries of the decisions on:
- What constitutes pretext
- Consideration of pretext at summary judgment
- The effect of failing to apply for a position
- Hiring qualifications plaintiff must show
- Plaintiff’s burden of proof in RIF cases
- How the courts define “direct evidence”
- When reinstatement is the preferred remedy
- When front pay is an appropriate remedy
- Whether a judge or jury is to decide front pay
- When punitive damages are allowed
This update of Age Discrimination Litigation contains new and updated text in 10 chapters. For this year’s edition, authors L. Steven Platt and Cathy Ventrell-Monsees have included the following:
- New and up to date guidance on how the courts are applying the Supreme Court’s “but for” test for causation in age cases
- Exploration of the new realities of class actions in age cases following Wal-Mart Stores v. Dukes
- Discussion of how the courts are applying new pleading standards under Ashcroft v. Iqbal and Bell Atlantic v. Twombly
In addition, this year’s update of Age Discrimination Litigation contains an expanded discussion of establishing a prima facie age discrimination case, along with a new sample settlement and general release agreement for human rights claims.
- Revision 14
- Two volumes, full-text
- Over 150 custom-drafted forms
- ISBN: 1-58012-058-X
Abbreviated Table of Contents
CHAPTER 1. THE LAW
CHAPTER 2. CLIENT INTAKE AND INVESTIGATION OF CLAIMS
CHAPTER 3. FILING SUIT
CHAPTER 4. DISCOVERY
CHAPTER 5. PROVING AGE DISCRIMINATION
CHAPTER 6. REMEDIES AVAILABLE UNDER ADEA
CHAPTER 7. SUMMARY JUDGMENT
CHAPTER 8. HOW YOUR OPPONENT MAY TRY TO LIMIT YOUR EVIDENCE
CHAPTER 9. USING EXPERTS IN AGE DISCRIMINATION CASES
CHAPTER 10. TRIAL
CHAPTER 11. REPRESENTING MULTIPLE PLAINTIFFS
CHAPTER 12. SETTLEMENTS
CHAPTER 13. AGE DISCRIMINATION IN EMPLOYEE BENEFITS
CHAPTER 14. WORK FORCE RESTRUCTURING, DOWNSIZING, AND REDUCTIONS IN FORCE
CHAPTER 15. ATTORNEY’S FEES AND COSTS
TABLE OF CASES
About the Authors
Cathy Ventrell-Monsees has litigated ADEA cases for most of her career, including several ADEA class actions. She has written more than 50 amicus briefs in the U.S. Supreme Court and circuit courts. For thirteen years, she directed the age discrimination litigation project at AARP. She is currently a Senior Attorney Advisor to Chair Jacqueline Berrien, after previously serving as an advisor to Commissioner Stuart Ishimaru, at the Equal Employment Opportunity Commission. From 2007-2010, she led Workplace Fairness as its president and served on its Board of Directors beginning in 2000. She served on the Board of Directors of the National Employment Lawyers Association from 1996-2008. She served as an employee representative on the Council of the ABA Labor and Employment Section from 1998-2002 and was co-chair of its EEO Committee from 1994-1997. She is an associate editor for the 1998 Supplement to Employment Discrimination Law (3d Ed.). She teaches employment discrimination law at the Washington College of Law at American University and frequently appears in the media and at conferences as an expert on age discrimination issues.
L. Steven Platt is currently a Member of the Chicago, IL., office of the law firm of Clark Hill PLC. He has litigated ADEA cases for 35 years. He has tried over 100 cases to verdict in federal district courts and state courts, and has handled cases, appeals and amicus briefs in jurisdictions ranging from California to New York. He is a “Fellow” in the American College of Labor and Employment Lawyers, is listed as a “Leading Lawyer” in the Leading Lawyer’s Network, a “Super Lawyer” in Super Laywer magazine, and is rated “AV Preeminent” by Martindale-Hubbell. He is the former three-time Chair of the Chicago Bar Association Civil Rights Committee, is a member of the adjunct faculty of the Illinois Institute of Continuing Education, and was one of 18 people selected by the EEOC to write the regulations adopted by the EEOC under the Older Workers Benefit Protection Act. He helped draft the discrimination jury instructions for the Seventh Circuit Court of Appeals. He is a past President of the National Employment Lawyers Association, and of Workplace Fairness, and is active in the ABA.