A Checklist of affirmative defenses to consider asserting when responding to a complaint in employment litigation cases. This Checklist considers affirmative defenses a defendant employer may assert in various types of employment cases, including discrimination, harassment, wage and hour, and unlawful termination. This Checklist is based on the Federal Rules of Civil Procedure (FRCP) but is also useful for cases pending in state courts. For state-specific versions, see State Employment Litigation and Arbitration Toolkit.