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

  • Training

  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5944974
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.

Course Content

12:00 - 12:15 pm
Elements of Discrimination and Retaliation Law Under State and Federal Law
Rebecca LaPierre, Esq.,
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

12:15 - 12:30 pm
Various Types of Pretext Evidence That Raise an Inference of Discriminatory or Retaliatory Animus
Rebecca LaPierre, Esq.,
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

12:30 - 12:40 pm
Discrimination Issue-Spotting Tips from Plaintiff and Management Counsel’s Perspectives
Rebecca LaPierre, Esq.,
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

12:50 - 1:05 pm
Collecting Evidence at the Earliest Stages of Cases, Including Electronic Communications, Social Media, Personnel Records, and Witness Statements
Rebecca LaPierre, Esq.,
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

1:05 - 1:15 pm
Employment Discrimination: Keeping Track of Witnesses, Including Former Employees
Rebecca LaPierre, Esq.,
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

12:40 - 12:50 pm
Employment Discriminations: Approaches to Proof of Claims and Defenses at the Agency Level v. Court
Rebecca LaPierre, Esq.,
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

1:15 - 1:25 pm
Employment Discrimination: Guidance on Preservation Requests and Litigation Holds
Rebecca LaPierre, Esq.,
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

1:25 - 1:40 pm
Employment Discrimination: Best Practices for Organizing Evidence for Use in Discovery, Summary Judgment, and Trial
Rebecca LaPierre, Esq.,
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

Please Note
This webcast is 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.

Speakers

Chair
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

Faculty
Rebecca LaPierre, Esq.,