Sexual Harassment and Retaliation: A Practical Guide for Plaintiff and Defense

Harassment claims based on sex, not just sexual conduct or language, have become more complex and difficult to defend. This important new book provides guidance and best practices for attorneys who litigate claims alleging gender harassment and retaliation claims under Title VII of the Civil Rights Act. Providing current information on a behalf of plaintiff/employees and defendants/employers.

The book begins by providing a platform that the practitioner can use to assess and handle gender harassment and retaliation cases. It supplies guidance for performing a thorough analysis of the elements which must be proven and should be considered throughout the litigation of a claim, including planning and defending depositions.

Once a claim has been made, claim must be investigated. Subsequent chapters provide guidance for investigating allegations before and after they become internal or administrative claims, as well as how to examine the relevant policies which may become defenses or liabilities to overcome. Among other topics, chapters address:

• Workplace harassment and model prevention policies
• Investigating, preparing, and responding to the claim
• Employment practices liability insurance
• Representing and defending the alleged harasser
• Arbitration in a harassment case
• Discovering juror attitudes in sexual harassment cases
• Evidentiary issues
• Damages

To assist the practitioner in litigating these cases, these topics are covered with separate chapters that address these topics from the perspective of the plaintiff and the defense:

• Multi-plaintiff litigation and class actions
• Discovery and deposing the alleged harasser and the witnesses for the other party
• Motions for, and defending against, summary judgement
• Voir dire and opening statement by the opposing party
• Cross-examination
• Closing argument and jury instructions

Roxella T. Cavazos is board certified in labor and employment law by the Texas Board of Legal Specialization. She currently practices her specialty in San Antonio, Texas as Associate General Counsel with the Alamo Community College District, which includes five independently accredited junior colleges. Before joining the College District, Roxella was in private practice for 25 years in Houston, Texas, representing private and public sector employers in Texas and other states in litigation, arbitrations, and administrative claims and counseling domestic and international employers on legal compliance and every aspect of the employer-employee relationship, including due diligence in acquisitions of union and non-union companies. Her administrative practice has extended from state agencies to the Equal Employment Opportunity Commission and National Labor Relations Board. She has served in ABA leadership positions and authored chapters for ABA books, including Employee Benefits Law, published by the ABA Labor and Employment Section, and The Practitioner’s Guide to Defense of EPL Claims, published by the ABA Tort, Trial and Insurance Practice Section. Roxella received her undergraduate degree from The University of Texas at Austin, a master’s degree from the University of Houston-Clear Lake, and her J.D. degree from the University of Houston Law Center.

Sandra R. McCandless is a Partner in the San Francisco office of the global law firm Dentons. She represents employers in employment litigation, arbitration, and mediation and counsels employers in all aspects of their employment practices. Sandra is also an Arbitrator on the American Arbitration Association Employment Panel and an Early Neutral Evaluator for the United States District Court for the Northern District of California. Sandra is listed in Best Lawyers, Employment Law—Management and Chambers USA: America’s Leading Lawyers for Business, Labor & Employment in California and is an elected Member of the College of Labor and Employment and a member of the American Employment Law Council and National Financial Industry Employment Law Council. Sandra has served the American Bar Association in many roles, including member of the Board of Governors, Chair of the Finance Committee, and Chair of the Tort Trial and Insurance Practice Section (TIPS). Currently, she serves as a Commissioner of the ABA Commission on Women, a California State Bar Delegate to the ABA House of Delegates, and on the Council of the Section of International Law. Sandra graduated from Harvard College with honors and obtained her law degree from the Georgetown University Law Center.