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Employment Litigation Summary Judgment Toolkit
Practical Law Toolkit w-042-3173 (Approx. 7 pages)
Employment Litigation Summary Judgment Toolkit
by Practical Law Labor & Employment
| Maintained • USA (National/Federal) |
Resources to help counsel evaluate, prepare, move for, and oppose summary judgment motions in federal employment discrimination litigation under Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Genetic Information Nondiscrimination Act (GINA), the Pregnant Workers Fairness Act (PWFA), and Section 1981 of the Civil Rights Act of 1866 (Section 1981).
Employers often rely on motions for summary judgment to dispose of an employment discrimination case or to narrow the plaintiff's claims and potentially gain leverage in post-motion settlement discussions. Plaintiffs occasionally move for summary judgment in cases where proof of employment discrimination, harassment, or retaliation is particularly strong.
This Toolkit contains resources designed to assist counsel for employers and employees with the procedural and substantive aspects of summary judgment motions in federal employment discrimination litigation under:
- Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits discrimination based on race, color, sex (including gender, pregnancy, sexual orientation, and gender identity), religion, and national origin.
- The Age Discrimination in Employment Act (ADEA), which prohibits age discrimination.
- The Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA), which prohibits disability discrimination and requires reasonable accommodation for qualified individuals with disabilities.
- The Equal Pay Act (EPA), which prohibits sex-based wage discrimination against men or women performing substantially equal work in the same establishment.
- The Genetic Information Nondiscrimination Act (GINA), which prohibits discrimination based on genetic information.
- The Pregnant Workers Fairness Act (PWFA), which requires reasonable accommodation for qualified applicants and employees of known limitations related to pregnancy, childbirth, and related medical conditions and prohibits retaliation for requesting these accommodations.
- Section 1981 of the Civil Rights Act of 1866 (Section 1981), which prohibits discrimination based on race, color, and ethnicity when making and enforcing contracts.