Racial Inquiries in Depositions and Trials

Abstract

When allegations of racial insensitivity or discrimination become part of a case, attorneys need to confront racial issues head on. While serving as consultants for the defense in a civil case involving allegations of discrimination by a private business, we developed a set of general principles and guidelines to prepare attorneys and defendants to address and handle sensitive racial issues. The objectives were (1) to prepare the defendants to comfortably and honestly answer difficult questions involving racial views; and (2) to assist the attorneys in developing a line of questioning that would not be perceived as threatening or racist, but would allow them to explore fully the plaintiffs' racial beliefs. The resultant protocol for addressing racial issues provides a practical and conceptual framework that can be employed by consultants and attorneys in cases involving charges of racial discrimination.