• Disparate Treatment
• Bona Fide Occupational Qualification Defense
• Disparate Impact
• Business Necessity/Job Relatedness Defense
• Rebuttal to Defense
• Retaliation
• Defense for Later-Discovered Misconduct
• “Adverse Employment Action”
• Sexual Harassment: (There are 2 distinct types of sexual harassment)
• Conduct directed at Plaintiff Employer/Entity Liability Individual
• Conduct directed at Others Employer/Entity Liability Individual
• Widespread Sexual Favoritism Employer/Entity Liability Individual
• Harassing Conduct”
• “Severe or Pervasive”
• “Supervisor”
• Defense to Sexual Harassment by a Supervisor (Avoidable Consequences Doctrine)

Failure to Prevent Harassment, Discrimination or Retaliation Disability Discrimination: (2 types)

• Disparate Treatment
• Failure to Make Reasonable Accommodation “Reasonable Accommodation”
• Failure to Engage in Interactive Process

Defenses

• Inability to Perform Essential Job Duties
• Undue Hardship

Religious Creed Discrimination

• Undue Hardship Defense

Preventing Subsequent Employment by Misrepresentation *Ms. Sutherland is licensed to practice law in California only. Each state has its own laws and procedures for these types of civil claims. If you have a question about a civil action filed, or to be filed, in another state, then you should consult with a civil litigator who is licensed to practice law in that state.