JOB DISCRIMINATION II: How to Fight, How to Win lays out the parameters for combating the various forms of employment discrimination, with guidelines ranging from how to tell if you have a viable discrimination claim, all the way to waging your fight in court. Included are dozens of client case histories, as well as breakthrough suits that have made national headlines. According to author Jeffrey M. Bernbach, "Aside from the major goal of providing an awareness of applicable laws and step-by-step information for pursuing a discrimination claim, I also hope to help restore an element that goes far beyond financial consideration. When a person loses a job, is denied a promotion, is sexually harassed, or is relegated to a lesser post because of age, sex, race, religion, ethnicity, or a physical handicap or illness, the emotional consequences often far exceed any financial losses. The greater loss is that of self-esteem. The feeling that "I can't take care of myself" or "I can't provide for my family" is drastic, devastating. What we lawyers describe as "emotional distress" must never be taken lightly."

Do you have a legitimate complaint?
To proceed successfully under Title VII, the ADEA, or the ADA, you must at the minimum be able to answer four questions in the affirmative:

• Are you in a "protected class"?
  In other words, are you a minority, or over age forty, or suffering a disability, or was your sex, religion, or national origin the issue?
  
• Were you qualified for the position in question—
  either to be hired for this job, or for a promotion, or not to have been fired from your job?
  
• Did you suffer an adverse employment decision—
  such as not being hired or promoted, or were you fired?
  
• Did the situation occur under circumstances that could be interpreted as a discriminatory action?
  For example, was the company's "reason" for doing what it did untrue and was the job in question given to someone substantially younger, or of a different sex, race, or religion, or someone who lacked your particular physical disability?

About the Author

Jeffrey M. Bernbach is a New York State attorney specializing in employment discrimination cases. In almost forty years of practice, he has successfully represented hundreds of clients, ranging from individuals to Fortune 500 companies, in job bias lawsuits.

Mr. Bernbach spent several years practicing with the prestigious Wall Street law firm, Cravath, Swaine & Moore, until leaving to assume the position of Chief Labor Counsel with The Hearst Corporation. For the past twenty-five years, he has been in his own law practice.

Mr. Bernbach has also served as legal advisor to a Member of the National Labor Relations Board in Washington, DC, a Member of the New York State Governor's Advisory Council on Employment and Unemployment Insurance, and as a Member and Chairman of the Audit and Finance Committee of the New York State Job Development Authority.