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Harassment claims based on sex, not just sexual conduct or language, have become more complex and difficult to defend. This important new book provides guidance and best practices for attorneys who litigate claims alleging gender harassment and retaliation claims under Title VII of the Civil Rights Act. Providing current information on a behalf of plaintiff/employees and defendants/employers.The book begins by providing a platform that the practitioner can use to assess and handle gender harassment and retaliation cases. It supplies guidance for performing a thorough analysis of the elements which must be proven and should be considered throughout the litigation of a claim, including planning and defending depositions.Once a claim has been made, claim must be investigated. Subsequent chapters provide guidance for investigating allegations before and after they become internal or administrative claims, as well as how to examine the relevant policies which may become defenses or liabilities to overcome. Among other topics, chapters address:Workplace harassment and model prevention policiesInvestigating, preparing, and responding to the claimEmployment practices liability insuranceRepresenting and defending the alleged harasserArbitration in a harassment caseDiscovering juror attitudes in sexual harassment casesEvidentiary issuesDamagesTo assist the practitioner in litigating these cases, these topics are covered with separate chapters that address these topics from the perspective of the plaintiff and the defense:Multi-plaintiff litigation and class actionsDiscovery and deposing the alleged harasser and the witnesses for the other partyMotions for, and defending against, summary judgementVoir dire and opening statement by the opposing partyCross-examinationClosing argument and jury instructions
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Gender-based violence (GBV) represents a critical barrier to development globally. As the most extreme manifestation of gender inequality and the most prevalent form of violence worldwide, its impacts extend far beyond individual survivors, with implications for the productivity and well-being of families and communities, often across generations. This report reviews progress on GBV prevention and response in World Bank lending operations over the past decade finding that the institution offers unique entry points across all sectors in which it works to expand work on GBV. Critical investments in staff's technical capacity, purposeful high quality analytical work to inform project design and implementation, and partnerships at the global, national, and local levels have driven the exponential progress on this agenda. Drawing on the lessons learned from a comprehensive review of the portfolio, interviews with staff and consultations with practitioners, donors and researchers in this area of work, the report lays out a guiding vision for deepening the work on GBV prevention and response in the decade ahead.
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Harassment is a category that has been gaining ground in contemporary normative debate, appearing in political-governmental agendas, in the repertoire of social activism and in academic-scientific production. Both the movement and the feminist-inspired argumentation have constituted one of the great drivers of its public projection, helping to frame harassment in a cosmovision and in an economy of meaning with special regulatory implications in the labor and criminal spheres. In this book, the author views harassment as a device for observing the limits, potentialities and epistemological contradictions that cross the field, seeking to expose the consensus and cultural conflicts that the legal function (labor and criminal), the presumption about the subject (male or female) and the status of sexuality pose to feminist theories and social studies of law. It also seeks to demonstrate to what extent and in what terms the increasing legal density of harassment, driven or supported by different critical and feminist sources, instead of witnessing a progressive, cumulative and expansive logic of anti-patriarchal aspiration, puts the vices in evidence above all. and the political-epistemological paradoxes that permeate the way in which the field of sexuality is thought, prescribed and protected, forcing a critical return to the subject, structure and law as unfinished objects and constituents of social life.
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Harassment is a category that has been gaining ground in contemporary normative debate, appearing in political-governmental agendas, in the repertoire of social activism and in academic-scientific production. Both the movement and the feminist-inspired argumentation have constituted one of the great drivers of its public projection, helping to frame harassment in a cosmovision and in an economy of meaning with special regulatory implications in the labor and criminal spheres. In this book, the author views harassment as a device for observing the limits, potentialities and epistemological contradictions that cross the field, seeking to expose the consensus and cultural conflicts that the legal function (labor and criminal), the presumption about the subject (male or female) and the status of sexuality pose to feminist theories and social studies of law. It also seeks to demonstrate to what extent and in what terms the increasing legal density of harassment, driven or supported by different critical and feminist sources, instead of witnessing a progressive, cumulative and expansive logic of anti-patriarchal aspiration, puts the vices in evidence above all. and the political-epistemological paradoxes that permeate the way in which the field of sexuality is thought, prescribed and protected, forcing a critical return to the subject, structure and law as unfinished objects and constituents of social life.
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"Why the #MeToo movement has raised fundamental questions about sexuality and power that must be confronted by us all"--
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