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Bulletproofing The Workplace: Symbol And Substance In Employment Discrimination Law Practice, Susan Bisom-Rapp

Faculty Scholarship

This Article examines how employment lawyers representing management play a role in creating data and affect the perception of employment disputes. More specifically, it explores how defense lawyers attempt to strategically position employers to safeguard these clients against discrimination and other employment-related litigation. A primary focus of their advice is on producing an evidentiary record that an employer can use defensively should the need ever arise. Defense attorneys, therefore, counsel employers to implement and carefully administer standardized employee evaluation systems and train supervisors how to write up and terminate employees without running afoul of the law.

It goes without saying …