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Discrimination & Harassment Research Study

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From the lead-up to the 2016 presidential election to the present day, questions of social inequality – between men and women, between Whites and non-Whites, between those born in the U.S. and those who were not – have dominated and polarized our national discourse in virtually unprecedented ways. We have seen it in the passionate debate over the current administration’s immigration policies, and in the groundswell of attention to sexual harassment that manifested itself in the #MeToo movement.

In considering where and how this climate might come into play, employment litigation immediately came to mind. Jurors’ beliefs about social inequality, intergroup differences and disparate treatment are likely to play a role in their evaluations of claims of discrimination and harassment. To understand that role better, DOAR undertook a survey of registered voters in the New York and Los Angeles metropolitan areas, two popular venues for employment litigation. This article describes our findings and considers their strategic implications.
About the Author
Ellen Brickman, Ph.D.
Dr. Ellen Brickman is a Director in DOAR’s Jury Consulting practice. She has been working as a trial consultant for over 25 years, and has had a leading role in many high-profile criminal and civil cases.
Chad Lackey, Ph.D.
Dr. Lackey is a jury consultant specializing in all aspects of jury selection and research surrounding effective presentation of themes and persuasive arguments at trial. He is a lecturer and author on the subject of civil and criminal jury strategy, and a testifying expert.