Proving Employment Discrimination & Retaliation: Issue-Spotting & Tracking Evidence: Learn How to Identify and Gather Circumstantial Evidence, and Devise Strategies of Proof or Defense

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.