MCLE Program Alert

MCLE \| New England^®	view in browser

Proving Employment Discrimination & Retaliation: Issue-Spotting & Tracking Evidence

Learn how to identify and gather circumstantial evidence, and devise strategies of proof or defense

Direct evidence of discrimination or retaliation in employment cases is relatively rare in the modern workplace. Consequently, employment law practitioners must understand how to prove their cases through circumstantial evidence—which includes evidence that an employer’s purported business reasons for an adverse employment action was not justified or valid and therefore raises an inference of discriminatory or retaliatory animus.

Hear from both plaintiff-side and management-side counsel about the key aspects of discrimination and retaliation law under Title VII and G.L. c. 151B and the types of pretext evidence to be on the lookout for. The faculty teach you strategies to approach proving your claims or defenses—both at the agency level at the Massachusetts Commission Against Discrimination (MCAD) and the U.S. Equal Employment Opportunity Commission (EEOC), and in court. You also learn how to preserve, collect, and organize evidence of discrimination—particularly electronic evidence, at all stages of a case.

Agenda

Elements of Discrimination and Retaliation Law Under State and Federal Law
Choosing Your Forum for Plaintiffs and Defendants
Issue-Spotting Tips from Plaintiff and Management Counsel’s Perspectives
Approaches to Proof of Claims and Defenses at the Agency Level v. Court
Collecting Evidence at the Earliest Stages of Cases, Including Electronic Communications, Social Media, Personnel Records, and Witness Statements
Keeping Track of Witnesses, Including Former Employees
Guidance on Preservation Requests and Litigation Holds
Best Practices for Organizing Evidence for Use in Discovery, Summary Judgment, and Trial
“Ask the Experts” Q&A Session

Faculty


		LUCIA A. PASSANISI is an employment attorney at Todd & Weld LLP. Luci represents employers and individuals in a variety of disputes involving discrimination, sexual harassment, retaliation, wage and hour, non-solicitation, misappropriation of trade secrets, and termination issues. Luci practices before the Massachusetts Commission Against Discrimination and in federal and state courts within the Commonwealth. Luci is a passionate advocate whose notable accomplishments include obtaining a $2 million jury verdict in a gender discrimination and retaliation lawsuit as well as a $2.4 million settlement in a federal case also involving gender discrimination and retaliation claims.

		CATHERINE M. SCOTT is a litigator and labor and employment lawyer defending and advising employers at Morgan, Brown & Joy LLP in Boston. Cat helps companies navigate workplace allegations such as employment discrimination, retaliation, wrongful discharge, Family and Medical Leave Act, breach of contract, and wage and hour class actions, among others. In addition to appearing in federal and state courts, Cat appears before government agencies including the EEOC, MCAD, Department of Labor, Department of Housing and Urban Development, and other state anti-discrimination agencies. Cat is also a burgeoning labor lawyer, expanding her practice to include collective bargaining and other labor matters.