The challenge for employee advocates is to get judges and juries to understand the deleterious effect of stereotypes and other forms of hidden bias on decision-making. Join NELA in Atlanta, GA for our Fall seminar, Bias 2.0: What Every Employee Advocate Should Know to build your knowledge about how hidden bias impacts decisions in the workplace and in the courtroom. Our experts will examine legal strategies and social science research that will help you to identify implicit bias in the workplace, challenge employment practices and decisions based on unexamined biases and explicit stereotyping, and establish the causal nexus between hidden bias stereotyping and your prima facie case. Additional topics include discovery, overcoming fact-finder bias at jury selection and in trial, the use of experts, successfully crafting remedies that address hidden bias issues, and much more. Details and online registration can be found at http://www.nela.org/fallseminar . Bias 2.0: What Every Employee Advocate Should Know October 12-13, 2012 Westin Peachtree Plaza Atlanta, GA Early-bird Member Fee $500 Legal Svs/Public Interest $475 NELA Law Students $275 Early-bird Ends Sept. 7 Details and Online Registration
Bryan Wood present Lessons Learned At Trial: Dos & Don'ts For Handling "Hidden Bias" In Employment Claims. Our presenters will share their best practice tips on handling "hidden bias" in employment discrimination cases
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See matching library entry files - Smith Developing evidence of bias...
This lack of demographic and professional diversity is problematic because implicit bias can cause decision makers to favor their own in-groups
#AgeDiscrimination #Gross #NewsRelease
NELAPOWADAPressRelease_Web.pdf
On behalf of the Georgia Affiliate of the National Employment Lawyers Association (“NELA-GA”), I would like to welcome you to Atlanta for NELA’s Fall Seminar, “ Bias 2.0: What Every Employee Advocate Should Know.”
Ct. 1523 (2013) implicitly overruled Pitts and similar decisions of other circuits
14-857 bsac NELA.pdf
The district court improperly ruled that a clearly disabled employee has no “disability” covered by the ADA, and dismissed his discrimination case at the pleading stage without reviewing his claims of unlawful bias. The court relied on decisions and regulations predating enactment of the ADAAA as well as the issuance of revised regulations by the EEOC regarding the new legislation
Judge Gertner alerted the attendees to Professor Hillary Sale’s work on “Judging Heuristics,” where the author looked at the implications of Congress giving judges the power to scrutinize more heavily a particular type of claim (using the Private Securities Litigation Reform Act as an example). Implicit in such an effort is a message that there must be a problem with those claims
For example, in a hate-crime homicide, no judge would disregard evidence that the defendant made a series of racist statements about the victim after the killing; however, judges have disregarded biased statements made after an employee was fired, because they were “unrelated” to the employment decision at issue
Judge Donald suggested two important implications of the decisions in Twombly and Iqbal : first, by not just allowing, but requiring judges to use their “judicial experience and common sense” in evaluating motions to dismiss, the Supreme Court guarantees that judicial biases will infect the process; second, the increase in dismissals will assuredly have a chilling effect on those who may have meritorious, but perhaps difficult to prove, cases
On June 29, 2011, the Senate Judiciary Committee held a hearing entitled, "Barriers to Justice and Accountability: How the Supreme Court's Recent Rulings Will Affect Corporate Behavior." NELA submitted written testimony to the Committee on behalf of its membership and their clients. The...
NELA Testimony_Barriers to Justice Hearing_Final_062711.pdf
Justices Kagan, Scalia and Sotomayor then each pressed Scodro still further to justify the Court’s jurisdiction to consider anything more than the issue of qualified immunity – which Justice Ginsburg characterized as clear, in that the record establishes that the Equal Protection Clause prohibits irrational age bias. Only Justice Alito returned to Scodro’s defense, worrying that for the Court to ignore the issue of ADEA preclusion of a Section 1983 claim until the end of the case might be wasteful