Making a Fair Assessment: Evaluating Credibility from an EDI perspective

In this webinar, expert panelists will examine how stereotypes, bias, and other equity, diversity, and inclusion considerations can influence assessments of credibility during grievance procedures, in investigations, and at arbitration. Panelists will highlight strategies for addressing these concerns and examine questions including:

• How can bias and stereotypes impact how witnesses are perceived and their credibility assessed? How can trauma, cultural factors, or experiences of discrimination impact the way in which a witness delivers evidence? Do lawyers have a professional obligation to recognize and address these concerns?
• What role can these factors play in shaping perceptions of the merit of complaints made through grievance or other internal procedures? How might this inadvertently “weed out” legitimate complaints? How can lawyers advising on such matters, as well as workplace parties, proactively address these factors?
• How can investigators ensure that bias and stereotypes do not impact their assessment of witness credibility? What are best practices for ensuring investigations are conducted in a fair and unbiased manner?
• How do these same factors impact the arbitral process and how testimony and evidence presented at arbitration is evaluated? When is it necessary to present expert evidence on bias or stereotypes?
• What training should lawyers and workplace parties undergo to better recognize and address these issues? Who should receive this training?