Title VII Litigation: Persistent Evidentiary Challenges
Effective Use of Evidence in Defending Discrimination, Retaliation and Harassment Claims
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide best practices for employers' counsel when confronted with evidentiary challenges during Title VII discrimination, retaliation and harassment lawsuits.
Outline
- Recurring evidentiary issues
- “Me too” evidence
- “Other supervisor” evidence, including Cat’s Paw Liability case developments
- After-acquired evidence
- Character evidence
- Evidence from social media websites
- Strategies for employer counsel
- “Stray remarks” doctrine
- “Similarly situated” defense
- “Better qualified” defense
Benefits
The panel will review these and other key questions:
- What are the lessons from the latest case law regarding methods of proof and trial evidence in Title VII cases for defense counsel grappling with difficult evidentiary issues?
- What recurring evidentiary issues must employment counsel confront when litigating discrimination, retaliation and harassment cases?
- How can employers effectively combat damaging testimony presented by other employees as to similar discrimination they experienced in the workplace?
- How can employers successfully defend mixed-motive cases in light of recent unfavorable rulings in these types of cases?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Ann Marie Painter
Partner
Morgan Lewis & Bockius
She focuses her practice on defending employers in employment litigation matters, including wage and hour compliance,... | Read More
She focuses her practice on defending employers in employment litigation matters, including wage and hour compliance, all categories of alleged discrimination and harassment and retaliation, wrongful termination, breach of contract, retaliation, and unfair competition. She regularly litigates in state and federal courts. She writes and lectures on labor and employment subjects.
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Joseph C. Liburt
Partner
Orrick Herrington & Sutcliffe
Mr. Liburt has extensive litigation experience successfully defending claims of discrimination, harassment,... | Read More
Mr. Liburt has extensive litigation experience successfully defending claims of discrimination, harassment, retaliation, wrongful termination, defamation, interference with contract, infliction of emotional distress, invasion of privacy and breach of contract. He has written articles and spoken on various employment and ERISA topics. He also trains employers on various aspects of employment law.
CloseRussell D. Cawyer
Partner
Kelly Hart & Hallman
His practice focuses exclusively on labor and employment-related legal matters, including litigation in federal and... | Read More
His practice focuses exclusively on labor and employment-related legal matters, including litigation in federal and state courts; administrative proceedings before the Equal Employment Opportunity Commission, United States Department of Labor, the Texas Workforce Commission - Civil Rights Division, and the National Labor Relations Board; and proceedings before OSHA.
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