Summary Judgment Strategies in Employment Discrimination Cases: Key Procedural and Substantive Considerations

This CLE course will provide guidance to employment litigators for strategically pursuing or defending against summary judgment motions in employment discrimination cases. The panel will discuss considerations and best practices for drafting and arguing for or against summary judgment motions. The panel will also explain how summary judgment motions can impact trial strategy and settlement posture.

To help curtail costly discovery, substantial verdicts/judgments, and exorbitant attorney's fees, counsel representing employers in discrimination litigation often pursue summary judgment motions as a strategy to defeat claims early on. For plaintiffs' counsel seeking damages on behalf of workers who suffered alleged discrimination, defeating a summary judgment motion is a critical juncture in employment discrimination cases.

Employment counsel must have an advanced understanding of summary judgment motions practice specific to employment discrimination cases. This includes being strategic about the timing of bringing a motion and the content of the motion. Counsel should weigh the risk of revealing important elements of a case that could impact trial and settlement outcomes in a summary judgment motion against the likelihood of success on the summary judgment motion.

Counsel should also take discovery and evidentiary issues into account when planning for summary judgment, including assessing the admissibility of evidence and determining whether to address such issues in the summary judgment motion.

Listen as our authoritative panel of employment litigators examines how to strategically raise or defeat summary judgment motions in employment discrimination cases. The panel will outline their perspectives and approaches to refine and improve summary judgment motion practice.