Implicit Bias and Employment Discrimination: Avoiding Liabilities in the Hiring, Reviewing, and Disciplining Process
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will address implicit bias and its effect on employment discrimination, both during the hiring process and the employee review process. Our panelists will guide employment counsel in advising clients on these essential issues.
Outline
- Overview of implicit bias and how to identify it
- The interplay between implicit bias and its impact on hiring and employee review and processes
- Analysis of emerging plaintiff trend of using implicit bias arguments during employment discrimination litigation
- Best steps for employment counsel in advising clients on how to best identify and minimize liabilities caused by implicit bias
- Practical strategies for employers to utilize when addressing instances of potential implicit bias
Benefits
The panel will review these and other relevant topics:
- What is implicit bias?
- How does implicit bias impact the workplace and cause potential liabilities?
- How are plaintiffs in discrimination lawsuits using implicit bias as a litigation tactic?
- What steps can employers take to identify and minimize implicit bias and its harmful effects?
Faculty
Tracie Johnson Maurer
Principal
Jackson Lewis
Ms. Maurer has represented employers before numerous governmental agencies and in litigation before the state and... | Read More
Ms. Maurer has represented employers before numerous governmental agencies and in litigation before the state and federal courts of Georgia, as well as other federal courts across the southeast and midwest. She counsels clients on state and federal compliance issues, best practices for dispute avoidance, and frequently conducts training seminars for managers, supervisors, and employees on a wide variety of employment law issues.
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Heather M. Sager
Partner
Perkins Coie
Ms. Sager has wide-ranging experience litigating complex wage-and-hour claims, as well as conducting wage-and-hour... | Read More
Ms. Sager has wide-ranging experience litigating complex wage-and-hour claims, as well as conducting wage-and-hour audits for clients grappling with the Fair Labor Standards Act, the California Labor Code, and the California Equal Pay Act. Her practice was established at the forefront of the wage-and-hour class and collective actions that are now commonplace throughout the country. Ms. Sager emphasizes proactive risk management to avoid litigation and employs efficient and aggressive strategies to help her clients minimize exposure when faced with class, collective, representative, multi-plaintiff, or single-plaintiff lawsuits. As part of due diligence, she also provides risk assessments of wage-and-hour exposure, as well as policy and procedure audits both pre- and post-merger. Ms. Sager is active in counseling and training employers on workplace harassment prevention and unconscious bias and regularly conducts workplace investigations into allegations of inappropriate conduct. Her experience also extends to the traditional labor realm, where she has helped clients prevail in elections, obtained injunctive relief to stop inappropriate union conduct, defeated organizing campaigns, and appeared before the National Labor Relations Board on countless issues.
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Ruthie White
Partner
Spencer Fane
Ms. White helps employers resolve labor and employment disputes in and out of court. She has an established track... | Read More
Ms. White helps employers resolve labor and employment disputes in and out of court. She has an established track record of favorable outcomes in discrimination, harassment, and retaliation cases while defending educational entities, local governments, and clients in the energy, banking, technology, retail, healthcare, and construction industries in legal venues throughout the state. Ms. White’s broad in-house and outside-counsel background gives her the ability to counsel employers on a wide range of labor and employment issues. She has significant experience drafting employment policies, procedures and best practices; investigating allegations of employee misconduct; implementing disciplinary, job performance and leave management procedures; and developing selection criteria for reductions in workforce. She frequently presents employment law seminars for supervisors and managers geared to meet the overall business objectives of her clients and is a frequent speaker at CLE seminars for law schools and bar associations.
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