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Celesq® Attorneys Ed Center

Subtle Harassment, Code Words and Implicit Bias: Proving Everyday Discrimination in Court

Program Number: 2921

Program Date: 02/04/2019


For 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.

$95.00Audio CD Add to Cart $95.00Online Audio Add to Cart

Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - Experienced Attorneys Only, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60-minute credit hour

State Program Numbers

Credit Eligible for BOTH Experienced and New Attorneys in NY


Taylor J. Crabill, Esq.

Wigdor LLP

Taylor J. Crabill is an Associate at Wigdor LLP. Mr. Crabill’s practice includes counseling and litigation in the areas of labor and employment law, civil rights law, appellate practice, and complex class and collective actions. He represents individuals in a wide variety of employment matters, including sexual harassment, discrimination on the basis of race, gender, pregnancy, disability, age and sexual orientation, retaliation, defamation, family and medical leave, wage and hour, whistleblower and contract claims. In addition to representing individual clients, Mr. Crabill has a demonstrated commitment to the public interest and received the Archibald R. Murray Public Service Award cum laude for amassing over 250 hours in pro bono and public service work during law school. Mr. Crabill received a B.A. in Political Science and Economics from Queens College and his J.D. from Fordham University School of Law with a concentration in litigation and dispute resolution. He is admitted to practice in the State of New York, as well as the Second Circuit Court of Appeals, Southern District of New York and Eastern District of New York.


Lawrence M. Pearson, Esq.

Wigdor LLP

Lawrence M. Pearson is a Partner at Wigdor LLP. Mr. Pearson is a leading labor and employment attorney with over 17 years of experience in the field. He has represented thousands of employees in legal matters involving discrimination, retaliation, sexual harassment, whistleblowing, wrongful termination, executive compensation, breach of contract, wage and hour violations, entertainment law, civil rights law and class actions. In addition to counseling employees, Mr. Pearson also is a trusted advisor to businesses and has extensive experience advising employers on dispute resolution, executive contracts, workplace policies and compliance, internal investigations, leaves of absence and disability accommodation, restrictive covenants, recruiting and hiring practices, and many other issues. He has represented clients from a wide array of industries, including financial services, law, technology, media and entertainment, publishing and journalism, medicine, hospitality, education, government, architecture, and many others. Mr. Pearson has been recognized by Best Lawyers, a widely respected peer review service, as a leading attorney in the area of Labor and Employment Litigation. He has also been named to the Super Lawyers list for five years in a row (2014-2018). Mr. Pearson received a B.A. in Political Science from The George Washington University and his J.D. from the University of Pennsylvania Law School. He is admitted to practice in the State of New York, as well as the Second Circuit Court of Appeals, Southern District of New York and Eastern District of New York.