David Garland Quoted in “Them Too: Picking a Sexual Harassment Jury Gets Personal”

Bloomberg BNA Daily Labor Report

David W. Garland, Member of the Firm and Chair of the firm’s National Employment, Labor & Workforce Management Steering Committee, was quoted in the Bloomberg BNA Daily Labor Report, in “Them Too: Picking a Sexual Harassment Jury Gets Personal,” by Chris Opfer.

Following is an excerpt:

Since the explosion of the #MeToo movement, however, lawyers on both sides of the aisle are also taking a closer look at potential jurors’ personal experiences. Attorneys want to know whether someone called on to decide legal liability in a harassment case has been subjected to inappropriate touching, propositions, comments, or other offensive behavior--or knows someone who has, such as a family member, friend, or co-worker.

Attorneys are equally curious about what potential jurors make of the wave of allegations that has swept the country since Hollywood mogul Weinstein was outed as an alleged harasser and assaulter last year. …

Across the board, each of the lawyers and jury consultants said it’s increasingly important to probe potential jurors’ individual experiences and views.

They do that by directly asking people about their backgrounds and looking for clues about how they might approach what can be salacious and complicated allegations of discrimination and harassment. That includes asking potential jurors how they get their news. …

David Garland ... is looking for thorough readers.

“Facebook and Twitter are not the same as the New York Times or the Washington Post,” Garland said. “Someone who is going to read a Times article is going to pay more attention for a longer time than maybe someone who is scrolling through Facebook.”