2020 has placed the fight for racial equality in the spotlight with the Black Lives Matter movement and the tragedy of COVID-19. These events have surfaced the harsh realities people of color face every day, including in the workplace. As advocates, we must be equipped to recognize and respond to the nuances of our clients’ situations and the power of this moment. Race And National Origin Discrimination In The Workplace covers cutting-edge issues in race and national origin discrimination cases, how to respond to common defenses, discrimination and intersectionality, how to combat implicit and explicit bias, and much more.

Sessions:

“The Time Has Chosen Us”: Litigating Race & National Origin Claims
Moderator: Marcus G. Keegan
Speakers: Eric Bachman & Maria G. Diaz
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.

Doing The Work: Fighting Racism In The Practice Of Law
Moderator/Speaker: Phillis h. Rambsy
Speakers: Carla D. Brown & Cynthia F. Wilkinson
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.

Recognizing And Combatting Implicit Bias In Judges And Juries
Moderator/Speaker: Rebecca L. Salawdeh
Speakers: Honorable Bernice B. Donald & Toni J. Jaramilla
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.

Intersectional Discrimination In Race & National Origin Cases
Moderator: Kalpana Kotagal
Speakers: Maureen T. Holland & Yvette N.A. Pappoe Rarely does discrimination occur in a vacuum. Too many judges continue to interpret Title VII as compartmentalizing discrimination into discrete 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.

The Effects Of Immigration Status On Race & National Origin Litigation
Moderator: M. Nieves Bolaños
Speakers: Marsha L. Rucker & Meredith B. Stewart
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.

Proving Pretext In Race & National Origin Discrimination Claims
Moderator: Kira Fonteneau
Speakers: Jason Bailey & Christopher Ho
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.

Addressing Common Defenses To Race & National Origin Claims
Moderator/Speaker: Megan S. Goddard
Speakers: J. Bernard Alexander, III & Michael L. Pitt
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.

This program is eligible for 8.5 credits (based on 60 minutes), of which 2.50 may qualify for elimination of bias/diversity and inclusion credit, in applicable jurisdictions. NELA certifies that the seminar conforms to the standards for approved activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NELA is an approved continuing legal education provider in California, Oklahoma, Pennsylvania, South Carolina, and Vermont.