Starting a Research Assigment

Recap

Example

Research Process

Research Plan

Assignment

Home

START!

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

How to Start a Research Assignment

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

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

+ Let's Start!

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

An Urgent Request:

01

• 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

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

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

Unnessary Repetition

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

Ineffective Searches

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

Information Overload

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

Uncertain Direction

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

Don't Get Lost . . . Get Organized!

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

Results

Searches

Draft some initial search strings to get started

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

Resources

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

Keywords

Review all info/facts given and write them out

Facts

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

Question

How To Set Up a Research Plan

Edit this one as needed!

Research Plan Template

• KeyCite
• Shepard's

• Treatises
• Practice Guides
• Encyclopedias
• Law Reviews

• Statutes
• Case Law
• Regulations

+info

Good Law

Validate

+info

Primary Law

Law

+info

Secondary Source

Analysis

What to put in your Research Log

Research Process

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.

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

Let's Make Our Plan & Begin Our Assignment

Two days from today

Re: Large healthcare employer suit

Our Research Plan

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.

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

Let's Make Our Plan & Begin Our Assignment

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

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

Two days from today

Re: Large healthcare employer suit

Our Research Plan

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

Labor >> employment >> age discriminaton

Federal law >> ADEA

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

What are likely resources to use?

Let's Make Our Plan & Begin Our Assignment

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

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

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

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

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

Two days from today

Re: Large healthcare employer suit

Our Research Plan

Is it good law/still in effect?

Validate

Cases, statutes, rules

Primary Law

Something to explain the law to us

Secondary Source

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

Diving into Westlaw

5/13/23

• 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

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

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

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

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

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

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

Two days from today

Re: Large healthcare employer suit

Our Research Plan

Good Luck this Summer!

Amend & Revise as Needed

Employ the 3 step Research Process

Use a Research Plan

Key Take Aways:

Thank You for your attention!