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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