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

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

  • Product Number: 2230028WBC
  • CLE Credits, earn up to:
    2 substantive credits, 0 ethics credits CLE Credit Note
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  • Product Description

    Product Description

    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. 

    In this new program, 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 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

    Agenda & Materials

    • Elements of Discrimination and Retaliation Law Under State and Federal Law

    • Various Types of Pretext Evidence That Raise an Inference of Discriminatory or Retaliatory Animus

    • 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

    Special Program Materials:

    Please Note

    MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

  • Faculty
  • Pricing


    • $130.50 - MCLE Sponsor Member
    • $72.50 - New Lawyer
    • $72.50 - Pending Admittee
    • $72.50 - Law Student
    • $72.50 - Paralegal
    • $145.00 - All Others
    To apply for a need-based scholarship for this program, email

    Available FREE with an MCLE OnlinePass® subscription.