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The theory of "unconscious bias" has been emerging in employment litigation over the past several years. Plaintiffs apply this theory both to their motions for class certification and to show their ultimate burden of proving that some protected characteristic played a role in a challenged employment decision. Expert evidence of unconcious bias has become a powerful tool against employers. If accepted by the federal courts, it will create challenges for plaintiffs and defendants alike.
October 01, 2007 at 12:00 AM
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The original version of this story was published on National Law Journal
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MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS