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About the Author
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Introduction
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Part I PROHIBITED & PERMITTED PRACTICES
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Chapter 1A DISPARATE TREATMENT “BECAUSE OF” ANIMUS: HISTORY AND OVERVIEW
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§ 1A.01
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Introduction
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§ 1A.02
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Overview: The McDonnell Douglas Approach
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Chapter 1B DISPARATE TREATMENT “BECAUSE OF” ANIMUS: THE PLAINTIFF’S PRIMA FACIE CASE & THE EMPLOYER’S EVIDENCE
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§ 1B.01
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The Plaintiff’s Prima Facie Case
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§ 1B.02
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The Employer’s Rebuttal Reason (and Other Evidence)
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Chapter 1C DISPARATE TREATMENT “BECAUSE OF” ANIMUS: PRETEXT AND OTHER EVIDENCE OF DISCRIMINATION
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§ 1C.01
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Evidence of the Employer’s Disbelief of Its Own Reasons
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§ 1C.02
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Evidence Responding to the Employer’s Reasons
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§ 1C.03
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Evidence Responding to the Employer’s Reasons: Creating Doubt in General
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§ 1C.04
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Evidence Going Beyond the Employer’s Reasons
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Chapter 2 DISPARATE TREATMENT “MOTIVATED BY” ANIMUS
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§ 2.01
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Overview and History
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§ 2.02
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Motivating Factor Causation: Legal Analysis
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§ 2.03
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Remedies, Including Attorney’s Fees and Costs
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Chapter 3 HARASSMENT
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§ 3.01
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History of Harassment Litigation
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§ 3.02
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Overview: Elements of a Title VII Harassment Claim
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§ 3.03
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Unwelcome Conduct
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§ 3.04
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Harassment Based on a Protected Characteristic
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§ 3.05
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Alteration of a Term or Condition of Employment
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§ 3.06
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Basis for Liability
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Chapter 4 RETALIATION
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§ 4.01
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Introduction
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§ 4.02
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Prima Facie Elements
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§ 4.03
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The Employer’s Legitimate Reason and Other Evidence
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§ 4.04
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Pretext and Other Evidence of Retaliation
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§ 4.05
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Other Federal Retaliation Remedies
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Chapter 5 DISPARATE TREATMENT BASED ON FAILURE TO PROVIDE REASONABLE ACCOMMODATION TO A RELIGIOUS BELIEF
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§ 5.01
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Introduction
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§ 5.02
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Prima Facie Elements
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§ 5.03
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Employer’s Response
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§ 5.04
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Accommodation and Unions
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Chapter 6 DISPARATE IMPACT
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§ 6.01
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Overview and History
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§ 6.02
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Prima Facie Case
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§ 6.03
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The Employer’s Defenses
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§ 6.04
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The Plaintiff’s Last Chance: Alternative Selection Devices
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§ 6.05
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Other Issues
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Chapter 7 ADDITIONAL PROHIBITED PRACTICES, AND PERMITTED PRACTICES
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§ 7.01
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Additional Prohibited Practices
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§ 7.02
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Permitted Practices and Practices Not Covered
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Part II PRE-LITIGATION CHARGE FILING
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Chapter 8 PROTECTED CHARACTERISTICS
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§ 8.01
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Introduction
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§ 8.02
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Race and Color
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§ 8.03
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National Origin
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§ 8.04
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Religion
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§ 8.05
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Sex
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§ 8.06
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Intersectional Discrimination
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Chapter 9 CHARGING PARTIES AND RESPONDENTS
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§ 9.01
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Introduction
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§ 9.02
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Charging Parties
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§ 9.03
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Respondents: Covered and Not Covered
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Chapter 10 CHARGE FILING THROUGH RIGHT-TO-SUE LETTERS
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§ 10.01
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Timeliness of an EEOC Charge
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§ 10.02
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Administrative Adequacy of an EEOC Charge
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§ 10.03
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Charge Investigation, and Charging Party's Cooperation
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§ 10.04
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Charge Conciliation
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§ 10.05
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Right-to-Sue Letters
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Chapter 11 CASE SELECTION, RETAINERS, AND INFORMAL INVESTIGATION
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§ 11.01
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Case—and Client—Selection Considerations
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§ 11.02
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Investigating the Case
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Part III LITIGATION
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Chapter 12 GETTING THE CASE INTO COURT
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§ 12.01
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Introduction
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§ 12.02
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Timely Filing of Suit
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§ 12.03
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Aligning the Lawsuit with the Charge: Exhaustion of EEOC Remedies
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§ 12.04
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Venue and Forums
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§ 12.05
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Bankruptcy Filings
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§ 12.06
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Res Judicata
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§ 12.07
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Settlements and Offers of Judgment
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§ 12.08
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Death of the Plaintiff
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§ 12.09
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Immunity
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Chapter 13 DISCOVERY AND ADMISSIBILITY
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§ 13.01
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Discovery and Admissibility of Records from Plaintiff's Earlier, Later, and Current Employers
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§ 13.02
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Discovery and Admissibility of Other Evidence Relating to Liability
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§ 13.03
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Discovery and Admissibility of Other Evidence Relating to Damages
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§ 13.04
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Expert Testimony
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§ 13.05
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Miscellaneous
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Chapter 14 DISPOSITIVE MOTIONS
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§ 14.01
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Rule 12(b)(6) and 12(c) Motions
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§ 14.02
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Motions for Summary Judgment and Judgment as a Matter of Law
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§ 14.03
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Additional JMOL/New Trial Considerations
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Chapter 15 JURY INSTRUCTIONS AND OTHER JURY ISSUES
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§ 15.01
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Jury Questions in Title VII Cases
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§ 15.02
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Jury Selection
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§ 15.03
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Closing Arguments
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Appendix A:
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Voir Dire: Areas of Inquiry
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Part IV SPECIAL LITIGATION CONTEXTS
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Chapter 16 FEDERAL EMPLOYEES
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§ 16.01
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Introduction
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§ 16.02
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Substantive Issues
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§ 16.03
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Procedural Issues: Individual Cases
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§ 16.04
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Procedural Issues: Class Cases
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Chapter 17 CLASS ACTIONS, INCLUDING PATTERN-OR-PRACTICE EVIDENCE IN CLASS CLAIMS
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§ 17.01
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Class Actions: Initial Considerations
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§ 17.02
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Class Certification
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§ 17.03
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Liability
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§ 17.04
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Remedies
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Chapter 18 ARBITRATION OF TITLE VII CLAIMS
§ 18.01 Introduction
§ 18.02 The Federal Arbitration Act
§ 18.03 Labor-Law Arbitration
Part V REMEDIES
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Chapter 19 REMEDIES: DAMAGES AND INJUNCTIONS
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§ 19.01
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Introduction
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§ 19.02
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Equitable Relief: Back Pay
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§ 19.03
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Equitable Relief: Instatement, Reinstatement, or Front Pay
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§ 19.04
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Equitable Relief: Injunctions
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§ 19.05
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Compensatory Damages
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§ 19.06
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Punitive Damages
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§ 19.07
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Caps on Compensatory and Punitive Damages
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§ 19.08
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Remedies in Motivating Factor and Disparate Impact Cases
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§ 19.09
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Remedies for Equal Pay Act Violations
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§ 19.10
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Remedies When the Discrimination Claimants Exceed the Positions Available
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§ 19.11
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Interest
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§ 19.12
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Taxability of Remedies
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Chapter 20 FEES AND COSTS
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§ 20.01
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Introduction
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§ 20.02
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Prevailing Plaintiff
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§ 20.03
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Setting a Fee Award
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§ 20.04
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Prevailing Defendant
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§ 20.05
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Setting a Cost Award
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§ 20.06
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Other Considerations
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§ 20.07
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Sanctions
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Pre-order
