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Is the Private Bar Weaponizing Employment-Discrimination Law?

Employment-discrimination claims can place significant pressure on companies to settle. The prospect of extensive discovery, substantial litigation costs, operational disruption, and reputational harm may make settlement attractive regardless of the underlying merits. Defenders of the current system respond that the leverage created by private litigation is essential to the practical enforcement of Title VII.

The legal landscape is also shifting, with contested questions about the future of disparate-impact liability and the application of Title VII’s prohibition on sex discrimination to sexual orientation and gender identity following Bostock v. Clayton County.

Featuring:

  • Jennifer B. Dickey, Vice President and Deputy Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of Commerce
  • Lauren Greuel, Associate Counsel, The Wisconsin Institute for Law & Liberty (WILL)
  • Jesse Panuccio, Partner, Boies Schiller Flexner LLP
  • (Moderator) Dan Morenoff, Executive Director & Secretary, American Civil Rights Project

     

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.