• Chapter 1 Governing Principles of Cross-Examination
• Chapter 2 Deposing & Examining the Plaintiff
• Chapter 3 Deposing & Examining Lay Witnesses
• Chapter 4 Deposing & Examining the Human Resources Expert
• Chapter 5 Deposing & Examining the Mental Health Expert
• Chapter 6 Deposing & Examining the Expert Economist
• Chapter 7 Deposing & Examining the Expert Statistician
• Chapter 8 Deposing & Examining the Labor Market Expert
• Chapter 9 Deposing & Examining the Rule 30(b)(6) Witness
• Index

The new edition of Deposing and Examining Employment Witnesses is packed with new text, case notes, and forms to keep you on the cutting edge of the law and help you work more efficiently. The new materials cover a broad range of issues, including:

New Text!

• Sexual orientation discrimination as a form of sex discrimination prohibited by Title VII
• The rights of breastfeeding mothers under the FLSA
• Distinguishing public speech from a matter of private concern in a case under 42 U.S.C. §1983
• The narrow definition of a “whistleblower” under the Dodd-Frank Act (Digital Realty Trust Inc. v. Somers, 138 S.Ct. 767 (2018))
• The “ministerial exception” defense to a claim for discrimination based on religion
• The scope of the attorney-client privilege with respect to communications between the H.R. Director and in-house counsel
• The degree of specificity required in seeking damages for emotional distress under the Civil Rights Act of 1990
• Establishing the defense of failure to mitigate damages when plaintiff earned income from “secondary employment” or “moonlighting”
• Whether disability payments are collateral payments or an offset against damages
• Whether a district court may award a “tax consequence adjustment” or “gross up” for receipt of a back pay award in one lump sum
• The binding effect of 30(b)(6) deposition testimony
• Strategy for deposing a person in both his individual capacity and in a representative capacity

New Forms!

• Plaintiff’s Response to Defendant’s Motion to Dismiss re: Unequal Severance Benefits
• Plaintiff’s Response to Defendant’s Motion for Summary Judgment on Retaliatory Hostile Work Environment Claim
• Plaintiff’s Motion in Limine To Exclude Any Document from EEOC File Identified By Defendants In Joint Proposed Pre-Trial Order
• Plaintiff’s Brief on Common Interest Privilege in Response to Defendant’s Motion to Compel Deposition Testimony
• Plaintiff’s Response to Defendant’s Motion for Protective Order Regarding Deposition of James Jones and Defendant’s Request to Limit Mr. Jones’ Deposition to Written Questions Pursuant to Rule 31
• Motion for In Camera Review
• Motion for Fed.R.Civ.P 37 Sanctions Due to Spoliation of Evidence
• Defendant’s Motion to Compel Disclosure of Non-Economic/Emotional Distress Damages, and Brief in Support
• Motion in Limine to Preclude Labor Market Expert Testimony on Mitigation Damages
• Motion for Summary Judgment — Religious Discrimination
• Motion in Limine to Preclude Testimony of Dr. Jones re: Malingering