Employment Litigation and Unconscious Bias
Date: May 3, 2023 9:00 a.m. – 12:00 p.m.
Location: Online
Areas of Law: Labor & Employment
Earn up to 3.3 credits, including 3.3 in Diversity! (More Information)
Keynote
Moderator
Presenters
Join an esteemed roster of practitioners, diversity professionals, and academics as they examine the impact of unconscious bias in employment litigation and what you can do to combat its detrimental impact on your colleagues, your clients and your cases. This knowledgeable panel, consisting of plaintiffs’ attorneys, defense attorneys, a diversity officer, a mediator and an academic, will examine all of the facets of employment discrimination cases - from the initial preventative steps that should be taken by employers to the investigation phase, and the stressors that bring out latent bias in depositions, mediations and, finally, trials. There will be an emphasis on how bias impacts young practitioners, women and people of color as litigators, and a discussion of the new jury selection rules in NJ and the effect they may have on bias in the courtroom.
Topics include:
- How unconscious bias impacts employee training and the effect of training on preventing litigation
Tips for investigating complaints by defendants’ pre-litigation
Factors to consider in selecting an attorney for your clients - Depositions
An examination of how bias impacts conduct in depositions by adversaries, clients and colleagues, including associates and junior associates
A discussion of what can be done to ameliorate this behavior - Mediations and Settlement
A look at how bias affects mediation and settlement, including how biased behavior impacts the mediator’s view of the parties
What can be done at settlement to address these issues
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