Perhaps more than any other area of law, jurors come to employment cases with life experiences that can be highly problematic for the employment attorney.  All jurors have many memories, biases and emotions which predispose them to be more sympathetic to one side or the other in employment litigation.

Choosing the best possible jury is crucial in employment litigation.  Research on jurors can provide answers as to which questions attorneys should ask jurors as well as the most effective way to ask those questions.  A properly conducted voir dire establishes attorney credibility and uncovers potentially biased jurors.

The testimonial demeanor of the plaintiff or of the company witnesses is also critical to winning the case.  If witnesses are not confident, they are not believable; if they are negative or sarcastic, they are disliked.  Since there are often strong emotional or psychological factors, the key witnesses usually require greater preparation.

Sexual harassment litigation is unique because it is very personal and deals with sensitive issues.  Jurors have strong views about this issue and have certain expectations from employers, which include:

• Procedures must in place
• Procedures must be in writing
• Procedures must be followed
• An adequate investigation must be done
• No retaliation should have occurred
• The company must be consistent in its treatment of employees

A number of factors affect the defense's ability to prove harassment did not occur or that the company acted properly, including:

• Credibility of Plaintiff
• Credibility of company witnesses
• Timelines of complaint
• External validation of behavior (i.e., the plaintiff told others)
• Adequacy of company response
• Consistency
• Common sense
• Ulterior motives

Trial Behavior has been involved in numerous cases involving claims of race discrimination, gender discrimination, sexual harassment, wrongful termination, failure to promote, failure to hire and retaliation.