All times are EST

Thursday, October 29, 2020

10:45–11:00 a.m.

Welcome & Opening Remarks
Wade B. Cowan, NELA President & Ashley Westby, NELA Program Manager

11:00 a.m.–12:15 p.m.

Litigating Race & National Origin Claims In The Midst Of A Movement
Whether you are new to litigating race and national origin discrimination cases or a seasoned attorney, this session will address how to successfully litigate your cases. Topics include how to recognize race and national origin discrimination claims at intake, the incredibly important overlap and differences between §1981 and Title VII claims, and the ways our current moment in the movement for racial equality can impact your case.

12:45–2:00 p.m.

Doing The Work: Fighting Racism In The Practice Of Law
Implicit biases affect everyone’s perceptions and decisions, and it is up to every individual to do the work of examining and addressing these preconceived notions. Even plaintiffs’ employment lawyers, and members of their staff, are not immune from holding biases that can affect how you select cases, work with your client, and interact with witnesses, opposing counsel, and juries. This training will provide tools to identify the implicit (and explicit) biases in our own practices and make us stronger advocates.

2:30–3:45 p.m.

Recognizing And Combatting Implicit Bias In Judges And Juries
Just as all legal practitioners make evaluations based on their own implicit or explicit biases, so too do employers, judges, juries, and other key decision makers in discrimination cases. Our experts will discuss how to recognize implicit bias and build a case that addresses and combats these biases, from the discriminatory action itself all the way to the jury box.

4:15–5:30 p.m.

Intersectional Discrimination In Race & National Origin Cases
Rarely does discrimination occur in a vacuum. Too many judges continue to interpret Title VII as compartmentalizing discrimination into discreet categories, often excluding the intersectional experience faced by members of protected classes. This panel will discuss the ways in which race and national origin discrimination are inextricably linked to other types of discrimination such as age and sex, and how to litigate intersectional claims in a post-Bostock world.

5:45–6:30 p.m.

Moderated Discussion
Co-sponsored by The Employee Rights Advocacy Institute For Law & Policy.

Friday, October 30, 2020

11:00 a.m.–12:15 p.m.

The Effects Of Immigration Status On Race & National Origin Litigation
There are an estimated 12 million undocumented immigrants living in the United States, of which an estimated 6-7 million are workers. Most of these workers suffer discrimination and legal abuse in silence due to fear of coming forward. This panel will discuss not only the challenges of taking on representation in these situations, but also what protections exist for these workers.

12:45–1:45 p.m.

Keynote Address

2:15–3:30 p.m.

Proving Pretext In Race & National Origin Discrimination Claims
One key summary judgment battleground in race and national origin cases is proving that the proffered reasons for an employment action are illegitimate and pretextual. This panel will discuss how to prove that pretext exists, including which discovery techniques to use to find evidence that supports your argument.

3:45–5:00 p.m.

Addressing Common Defenses To Race & National Origin Claims
When litigating race and national origin claims, there are several common defenses employers will assert. From the rise of fake “diversity” programs at top corporations, to the outmoded jurisprudence surrounding the “severe or pervasive” standard, this panel will discuss how to build your case to address these defenses.

5:15–6:30 p.m.

Closing Reception & Film Screening