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Trying a Systemic Discrimination Case: Jury Selection, Witnesses, Argument, Preserving Error

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, June 7, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will guide attorneys through each phase of a systemic discrimination trial. The panel will review strategies for jury selection and jury instructions, opening and closing, and direct and cross-examination in a systemic discrimination case.


Trying a systemic discrimination case puts the defendant's institutional reputation and the reputation of its leaders on the line. Any trial strategy must keep in mind both the needs of the litigation and the long-term business objectives of the company.

At every stage of the case, counsel need comprehensive knowledge of the substantive law and applicable procedural and evidentiary rules as well as a thorough understanding of the opponents' strategies and tactics.

Defendants must carefully balance conveying a strong belief that the allegations against them are false without coming across as dismissive of the plaintiff.

Listen as this experienced panel of employment trial lawyers takes you through a systemic discrimination trial from start to finish. The panel will also provide valuable guidance as to how these trial principles apply to employment law counseling and litigation avoidance.



  1. Jury selection
    1. Who is the right juror for the case
    2. Voir dire violations
    3. Discriminatory strikes
  2. Opening statement
  3. Direct and cross
    1. Necessary substantive content
    2. Evidence issues, including "me too"
    3. Style issues
  4. Closing argument
  5. Jury instructions
    1. Essential content
    2. Preserving error
  6. Counseling lessons


The panel will review these and other noteworthy topics:

  • Jury selection
  • Opening and closing arguments
  • Direct and cross-examination
  • Jury instructions
  • Preservation of appeal
  • Counseling points


Brayley, Douglas
Douglas Brayley

Ropes & Gray

Mr. Brayley advises employers on a wide range of labor and employment matters, including noncompete and trade secret...  |  Read More

Kristan, Arielle B.
Arielle B. Kristan

Hirsch Roberts Weinstein

Ms. Kristan advises and counsels colleges and universities, businesses, and nonprofits in avoiding employee conflict...  |  Read More

Sandberg, Katherine
Katherine P. Sandberg

Hunton Andrews Kurth

Ms. Sandberg has extensive experience in wage and hour class actions and high-stakes trade secrets litigation. She also...  |  Read More

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