Exciting new series on “Voice, Body and Movement for Lawyers – How to connect with the jury and find Justice Through Dramatic Technique!”
Click here to find out moreFor employment law practitioners, egregious and high-profile incidents and allegations are not the only matters that generate litigation. More subtle forms of bias are often central to sustaining or defending against a discrimination or harassment claim, as many cases do not include a “smoking gun piece of evidence or an allegation that neatly fulfills the various requirements of a cause of action. Bias on the part of managers or coworkers also does not always present itself or cause harm in obvious, open ways. Federal and state courts have grappled with how facially neutral statements, particularly when combined with other evidence and unequal practices, may show workplace discrimination. Similarly, subtle, indirect and unwelcome sexual advances or other mistreatment can support harassment claims under the law. This presentation will discuss how attorneys for employees can develop claims in the absence of openly discriminatory comments, and how employers can evaluate exposure and investigate claims even in the absence of open displays of animus or bias.
