Skip to main content


#47 An Exploration of Implicit Bias in Employment Law

Monday, March 28, 2022, 6:00 pm - 7:30 pm

The foundation of many employment law claims is proof of discriminatory intent. However, our growing understanding of implicit bias necessarily leads practitioners to ask questions, such as:

• What role, if any, should evidence of implicit bias play in cases involving intent-based employment claims?
• Should discovery properly exclude evidence that arguably relates more to implicit bias than to intent, and where should the line be drawn?
• What are the pros and cons of using experts on implicit bias?

This Zoom Roundtable explored these questions and more, and examined the role of implicit bias in intentional discrimination cases, from the scope of discovery to admissibility to expert witnesses. We welcomed an experienced panel of employment law practitioners, who guided a lively discussion of these timely issues.

Attorney Gregg Adler
Livingston, Adler, Pulda, Meiklejohn & Kelly, PC

Attorney Claire Howard
Madsen, Prestley & Parenteau LLC

Attorney Abby M. Warren
Robinson & Cole LLP

Attorney Victoria Woodin Chavey
Chavey Legal Services LLC