They’ve Got Next: Labor & Employment Fresh Face Jocelyn Cuttino

Since the video-captured death of George Floyd spread across the world, sparking a summer of uprisings over extrajudicial violence in cities across the U.S., Jocelyn Cuttino has seen her workload shift towards advising companies on race equity investigations.

Focusing on various employment and antidiscrimination matters, Cuttino crafts employment policies, and best practices for avoiding litigation, conducts workplace culture assessments and defends companies at trial in courts and agency settings.

A Spelman College grad and 2007 graduate of University of Southern California Law School, Cuttino is increasingly focused on the effect of the Black Lives Matter movement upon clients’ company culture and consumer messaging.

“So many companies are putting out statements in support of Black Lives Matter, but employees of color are speaking up and saying ‘you’re not treating your own workers that way,’” she said. She advises clients, “you have to make sure you practice what you preach at home, a lot of employees have been raising complaints, a lot of companies are seeing people speaking up.”

Drawing distinctions between the #MeToo investigations largely conducted in 2017, and race discrimination investigations that include allegations like barriers to advancement against companies, Cuttino said, “we’re looking into specific decisions that are made, review of documents,” as compared to harassment investigationsthat often rely on witness interviews and “moment-in-time reconstructions.”

Grace Speights, a partner at Morgan Lewis and head of the firm’s global labor and employment practice, told Bloomberg Law that Cuttino was an integral part of a high-profile investigation into alleged sexual misconduct at National Public Radio.

NPR hired Morgan Lewis, including Speights and Cuttino as an associate, to lead an investigation into harassment claims against a senior editor. After interviewing almost 90 people, the firm developed recommendations in February 2018 to the media organization, including conducting gender equity studies and hiring an outside firm to investigate harassment claims.

“She was very involved with the NPR investigation,” Speights said. “She’s a really good up and coming attorney.” Cuttino was also involved in drafting a motion to dismiss a claim filed in U.S. District Court in Savannah, Ga., against former celebrity chef Paula Deen, who was accused of using racially offensive speech in the workplace by a white employee. The suit was settled in 2013.

‘Being Authentic’

Cuttino credits the advice of mentors regarding authenticity for her growth over 15 years of practicing. “Being authentic is a big part of my growth experience, especially being someone who is underrepresented in the legal world.”

In practice, “strategizing, figuring out a plan of attack and working together in collaboration with others” is what makes an excellent lawyer, Cuttino says. She said speaking honestly with friends, clients and colleagues allows people to trust your judgment and to be confident working with you.

Figuring out how to fit in, she said, is about bringing your own unique skills to the table and about " bringing as much of yourself to the workplace as you’re comfortable with —striking a balance between which parts of your life you want to share and comfortable with people knowing about.

“The reality is you do need to connect with people if you want to advance.” she said.