Bar Bulletin

Bar Bulletin

Changing the Narrative in Employment Discrimination Cases

january 2018 bar bulletin

By Blake Marks-Dias

Employment discrimination cases are increasingly getting past summary judgment and into trial. Too often, the defense focuses primarily on what the company did or did not do. This narrative plays right into the plaintiff’s hands. The more the jurors talk about the company’s actions (or inaction), the more opportunity for them to pick the company apart. A winning strategy requires the defense to change the narrative, in subtle and respectful ways, leading the jury to instead focus on the plaintiff’s conduct.

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