Starting a Research Assigment

How to Start a Research Assignment

Don't get overwhelmed! Here's your guide to approaching a new research question at work.

START!

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Assignment

Research Plan

Research Process

Example

Recap

It's 9:30 AM on a Monday, and you have just finished onboarding at your summer position.

You sit down at your desk to have the first sip of your morning cortadito and suddenly . . .

01

An Urgent Request:

Supervisor needs this is two days!

• Client is large employer
• Employee of client is suing over supposed "adverse action"
• Younger employee given social media responsibilities over the plaintiff employee
• No change in title or pay
• Both employees have the same degree and qualificiations
• Plaintiff had more seniority in dept.
• Plaintiff suing under the ADEA

+ Let's Start!

Don't Get Lost . . . Get Organized!

Working in steps and tracking research = better and more efficient research

Uncertain Direction

"This is a lot of info, what do I do first?

Information Overload

So many results & sources! I'll never get to everything!

Ineffective Searches

I'm getting results but they just don't address my questions.

Unnessary Repetition

Wait . . . I've definitely read this before. Was it helpful? I can't remember.

The best solution is to use the research process and keep track of your search methods and sources.

• Use a research plan to outline your question and researchz steps
• Keeps sources organized
• Provides brainstroming space
• Keeps track of searches
• Help you avoid repetition and bad searches

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3

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5

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How To Set Up a Research Plan

Question

Identify the issue or question being asked and write it out at the top

Facts

Review all info/facts given and write them out

Keywords

Use a space to brainstorm key terms to use in searches -- taken from your facts

Resources

Do a preliminary search for resources using your string --write down likely ones or ones you already know

Draft some initial search strings to get started

Searches

1

Results

Run & log your searches, noting which ones were fruitful. List the relevant resources found and WHY!

Research Plan Template

Edit this one as needed!

Research Process

What to put in your Research Log

1

2

3

Analysis

Secondary Source

+info

1. What is my topic?
2. What is my jurisdiction?
3. What level of depth?

Law

Primary Law

+info

• Secondary source leads you to primary law
• Once you find one relevant law -- can use it to find others

Validate

Good Law

+info

• How have courts subsequently interpreted the holding(s)
• Has the law been repealed, lapsed, etc.

• Statutes
• Case Law
• Regulations

• Treatises
• Practice Guides
• Encyclopedias
• Law Reviews

• KeyCite
• Shepard's

Let's Make Our Plan & Begin Our Assignment

Who is our client, what is our question and due date?

A client is being sued under the ADEA. We need to file our answer to the plaintiff's complaint in two days. Client is a large employer in the healthcare industry. They recently gave an employee (age 32) social media responsibilities (no title change), over another employee (age 40) with more seniority in the advertising department. Now they are suing our client for age discrimination and arguing they have the same degree and qualifications as the promoted employee.I need you to give me the elements for a prima facie case for age discrimination under the ADEA and law/analysis on if this change in responsibility is a materially adverse action.

Our Research Plan

Re: Large healthcare employer suit

Two days from today

Let's Make Our Plan & Begin Our Assignment

What are the Key facts we can use as Search terms?

A client is being sued under the ADEA. We need to file our answer to the plaintiff's complaint in two days. Client is a large employer in the healthcare industry. They recently gave an employee (age 32) social media responsibilities (no title change), over another employee (age 40) with more seniority in the advertising department. Now they are suing our client for age discrimination and arguing they have the same degree and qualifications as the promoted employee.I need you to give me the elements for a prima facie case for age discrimination under the ADEA and law/analysis on if this change in responsibility is a materially adverse action.

Use TAPP if you're unsure how to brainstorm terms:

• Things
• Actions
• People
• Places

Our Research Plan

Re: Large healthcare employer suit

Two days from today

• ADEA, federal law
• Age discrimination cited in complaint
• Change in responsibilities
• Younger employee given change over older
• No title or pay change
• Same qualifications

1. What are the elements of a prima facie case for age discrimination under the ADEA?
2. What constitutes a materially adverse action?
3. Need analysis & primary law

• ADEA
• "age discrimination"
• material! /2 "adverse action"
• change /s responsib! OR pay

Let's Make Our Plan & Begin Our Assignment

What are likely resources to use?

1. Topic or area of law?
2. Jurisdiction?
3. Level of depth?

Federal law >> ADEA

Labor >> employment >> age discriminaton

Prima facie, adverse action defined >> introductory or more basic (encyclopedia or general pages of treatise

Our Research Plan

Re: Large healthcare employer suit

Two days from today

• ADEA, federal law
• Age discrimination cited in complaint
• Change in responsibilities
• Younger employee given change over older
• No title or pay change
• Same qualifications

1. What are the element of a prima facie case for age discrimination under the ADEA?
2. What constitutes a materially adverse action?

• ADEA OR "age discrimination"
• "disparate treatment"

• material! /2 "adverse action"
• change /s responsib! OR pay

AmJur 2d; Causes of Action; Any ADEA or Labor law treatises

Diving into Westlaw

Let's use Westlaw to find a relevant source and work our way through the research process steps:

Secondary Source

Something to explain the law to us

Primary Law

Cases, statutes, rules

Validate

Is it good law/still in effect?

Same Search: ("age discrimination" /s ADEA) AND change /s responsib!

To find more primary law: Use KeyCite Headnotes to find more cases Use Headnote Topic & Key Numbers Use Citing References

Check the treatment tab or signals (yellow, red) to determine how subsequent citing cases have discussed holdings -- FYI if no signal, it's still good law.

Our Research Plan

Re: Large healthcare employer suit

Two days from today

• ADEA, federal law
• Age discrimination cited in complaint
• Change in responsibilities
• Younger employee given change over older
• No title or pay change
• Same qualifications

1. What are the element of a prima facie case for age discrimination under the ADEA?
2. What constitutes a materially adverse action?

• ADEA OR "age discrimination"
• "disparate treatment"

• material! /2 "adverse action"
• change /s responsib! OR pay

AmJur 2d; Causes of Action; Any ADEA or Labor law treatises

("age discrimination" OR ADEA) AND change /s responsib!

• HR Series Fair Employment §14:30
• "But for" age test
• Welsh v. Fort Bend, 941 F.3d 818
• Change is responsibilies ≠adverse action
• 29 U.S.C. § 623
• adverse action cases, Boney

5/13/23

Key Take Aways:

Use a Research Plan

Employ the 3 step Research Process

Amend & Revise as Needed

Good Luck this Summer!

Thank Youfor your attention!