Attorney's Guide for Employment Discrimination Cases

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Author: Laurie Wardell and Michael K. Fridkin, Chicago Lawyers' Committee for Civil Rights Under Law
Last updated: June 2010

The Chicago Lawyers' Committee for Civil Rights Under Law has prepared this manual for use by attorneys appointed by judges in the Northern District of Illinois to represent indigent clients in employment discrimination cases. The manual contains a summary of Title VII of the Civil Rights Act of 1964 and Section 1981 of the Civil Rights Act of 1866, as amended by the Civil Rights Act of 1991, including important Supreme Court and Seventh Circuit cases decided through October 2009.  This manual is intended to be a starting point for research and should not be used as a substitute for original research tailored to the facts of a specific case.

The Chicago Lawyers' Committee has agreed to assist appointed counsel by producing this manual and by conferring with appointed counsel in evaluating settlement offers, drafting pleadings, determining case strategy, and providing other assistance that appointed counsel may need. For assistance, appointed counsel may contact Laurie Wardell at the Chicago Lawyers' Committee for Civil Rights Under Law, 100 N. LaSalle, Suite 600, Chicago, IL 60602, (312) 630-9744, lwardell@clccrul.org.

To view this guide in .pdf form, see Title VII and Section 1982: A Guide for Appointed Attorneys in the Northern District of Illinois.

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Section 1:  Title VII of the Civil Rights Act of 1964
       Introduction
       Covered Employers
       Protected Classes
       Theories of Discrimination

Section 2:  The Civil Rights Act of 1866, 42 U.S.C., Section 1981
       Statutory Language
       Scope
       Difference from Title VII
       State Law Tort Claims

Section 3:  EEOC Proceedings
       Scope of these Materials
       Summary of Proceedings
       Investigation
       Determination
       Dismissal and Issuance of Right-to-Sue Letter
       State and Local Government Employees
       Federal Employees

Section 4:  The Complaint
       Proper Defendants for a Title VII Action
       Scope of the Title VII Suit
       Timeliness in a Title VII Suit
       Timeliness in a 1981 Suit
       Right to a Jury Trial
       Evidence
       Rule 68 Offers of Judgment

Section 5:  Remedies
       Equitable Remedies for Disparate Treatment
       Compensatory and Punitive Damages
       Front Pay and Lost Future Earnings
       Attorney's Fees

Section 6:  Arbitration
       The Gilmer Decision
       The Circuit City Decision
       Collective Bargaining Agreements
       Fact- Specific Defenses to Arbitration

 

© Laurie Wardell and Michael K. Fridkin, Chicago Lawyers' Committee for Civil Rights Under Law    

 

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