Zero Tolerance: Best Practices For Combating Sex-Based Harassment In The Legal Profession, Editor
Gregory S. Chiarello, American Bar Association, Commission on Women in the Profession, 2018
Employer Witnesses: Preparing to Depose in Discrimination Litigation (Pro-Employee)
Gregory S. Chiarello, Lexis Practice Advisor Note, September 2017
Representing Clients Ethically in the Digital Age
Cara E. Greene, Law Firm Partnership & Benefits Report, April 2015, co-authored with Shirley Lin.
Restrictive Covenants and Partnership Agreements: Staying on the Right Side of the Ethics Rules While Protecting Firm Interests
Cara E. Greene, Law Firm Partnership & Benefits Report, October 2013
Ethics Concerns When Computing in the Cloud and on the Earth
Cara E. Greene, Law Firm Partnership & Benefits Report, November 2011
New Laws Expand Whistleblower Protections
Wayne N. Outten and Cara E. Greene, Employment Law Strategist, November 2011.
Whose Signature Is on the Check?
Cara E. Greene, Law Firm Partnership & Benefits Report, November 2010
Family Responsibilities Discrimination in Law Firms
Cara E. Greene and Christopher Willett, Law Firm Partnership & Benefits Report, July 2008
EEOC Committee Reviews Workplace Diversity Issues
Justin Swartz and Rachel Bien, Section of Labor & Employment Law, American Bar Association, Vol. 35, Number 4, Summer 2007
Few doubt the merits of diversity in the workplace. Indeed, a host of organizational leaders from chief executive officers to top military brass have recently touted the importance of a diverse labor force. As a result, an entire industry has emerged, geared toward eradicating workplace inequality.
Many thoughtful ideas have made their way onto "best practices" lists that identify methods to increase the representation of historically underrepresented groups in corporations and firms. (See, e.g., Equal Employment Opportunity Committee Diversity Task Force web page, which links to several lists of "best practices," http://apps.americanbar.org/dch/comadd.cfm?com=LL104000&pg=2
Despite all of this attention, however, the challenge of actually achieving diversity remains. As Alexandra Kalev, Frank Dobbin, and Erin Kelly wrote in a recent article examining the effectiveness of employers' efforts to promote diversity, "We know a lot about the disease of workplace inequality, but not much about the cure." "Best Practices or Best Guesses? Assessing the Efficacy of Corporate Affirmative Action and Diversity Policies," 71 Am. Soc. Rev. 589, 590 (August 2006).
At the 2007 National Conference on Equal Employment Opportunity Law in Charleston, South Carolina, the Section's Equal Employment Opportunity Committee (EEOC) presented two panels that focused on efforts to increase diversity in private sector workplaces, including law firms. The consensus that emerged from both panels was clear: truly overcoming inequality in the workplace requires more than changing hearts and minds. It demands a structural, top-down approach with incentives for meeting concrete diversity goals.
Whose Clients Are They? Contacting Putative Class Members
Cara E. Greene and Jill Maxwell, Labor and Employment Law, Vol. 35, No. 3, Spring 2007 www.abanet.org/labor
The prosecution and defense of class actions involve an abundance of ethical considerations. Attorneys must balance zealous advocacy with the governing rules of professional responsibility. For instance, ex parte communications are often an effective and cost-conscious way to glean information, but attorneys on both sides must consider whether contact with putative class members is permissible and, if so, what form that contact may take. With a little forethought, however, lawyers can ensure that they do not overstep ethics rules when contacting putative class members.