EMPLOYMENT DISCRIMINATION LITIGATION - Alston & Bird LLP

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9:40 Morning Coffee Break 9:50 Special Issues in Gender/Sex Discrimination: Defending Against Pay and Compensation Discrimination Suits and the Latest Sexual Orientation/Gender Identity Claims Margaret Keane Co-Chair Global Employment Dispute Resolution Practice Dewey & LeBoeuf LLP Reed L. Russell Partner Phelps Dunbar LLP (former head of the Office of Legal Counsel (OLC) at the U.S. Equal Employment Opportunity Commission) Glass Ceiling, Gender Claims and the Equal Pay Act • Multi-plaintiff or class actions: considerations regarding membership in the protected class • The impact of the Lilly Ledbetter Fair Pay Act of 2009 on the defense of compensation discrimination claims • Developing defendant’s evidence in a compensation discrimination claim after the Ledbetter Fair Pay Act (which effectively abolishes the statute of limitations for compensation discrimination claims), where a claim alleges a discriminatory decision occurred during a period for which records are no longer available • The Paycheck Fairness Act? – what’s the latest?; if passed, what will be the intrusion on employers? Sex Stereotyping/Sexual Orientation/Gender Identity • Does the acceptance of sex stereotyping as a sex discrimination theory provide a de facto prohibition on sexual orientation and gender identity discrimination? • What’s the latest on claims of discrimination against LGBT? • LGBT employment law protection under state and local laws • Special nuances on defending against discrimination suits with a transgender employee • Overt and covert harassment of LGBT employees in the workplace 10:50 Labor Economics Versus Purely Statistical Approaches to Study Class Action Discrimination Claims Ali I. Saad, Ph.D Managing Partner Resolution Economics, LLC Michael S. Burkhardt Partner Morgan, Lewis & Bockius LLP David B. Ross Partner Seyfarth Shaw LLP Jon Geier Partner Paul, Hastings, Janofsky & Walker, LLP • You have a shovel, now where do you dig? • Legal standards for statistical evidence – historical review • The importance of benchmarks • The pure statistical approach to constructing benchmarks • The Labor Economics approach to constructing benchmarks • The labor economist’s approach; age; gender; race • Presenting labor economics approaches to finders of fact 12:05 Networking Luncheon for Speakers and Delegates 1:10 Spotlight on Prevention: Disability Discrimination and Sexual Harassment Claims – Preparing Your Company & Your Clients to Implement Proper Policies That Will Be Defensible Against the Fastest Growing Claims Katherine Catlos Managing Partner- San Francisco Office Kaufman Dolowich Voluck & Gonzo LLP Melinda S. Riechert Partner Morgan, Lewis & Bockius LLP Philip J. Bonoli Partner LeClairRyan (Los Angeles Office) Stuart R. Buttrick Partner Baker & Daniels LLP Sexual Harassment Claims • What conduct is now “severe or pervasive” in the eyes of your jury (vs. a jury in some other city or state) • Hostile work environment: recent changes that make it more difficult for employers to defend against them, at least on the summary judgment stage • How to counter claims by employees who use false claims to force out senior management • The rise in “workplace bullying” • Sexual harassment claims where the relationship was apparently consensual at the beginning but then changed • How not to let extraneous information impact the cases • Defending against claims especially if a key executive is the perpetrator or there are allegations of physical abuse • Implementing policies that are easy to understand and promote appropriate behavior (including employee handbooks, training of supervisors, employee performance evaluations, etc.) Disability Discrimination Claims • Workplace discrimination and mental illness • When is the duty to engage in the interactive process triggered • How to properly engage in the interactive process to develop a reasonable accommodation • What is a “reasonable” accommodation • Litigating disability discrimination cases including tips re summary judgment motions • What efforts must employers take to look for alternate positions for disabled employees who are unable to perform their current jobs, etc • The crossover between disability claims and pregnancy claims • How long do you have to hold the job open for an employee out on a disability leave? • What do you have to do to look for alternate positions for disabled employees - different types of work? different states? • What is the interaction between the ADA/ADAAA and (1) workers compensation (2) FMLA/FEHA? • Who should engage in the interactive process with the employee (manager, HR, Occupational Health) and what should the role of each be? • When is the obligation to engage in the interactive process triggered? • Can you require an employee to be “100% recovered” before returning to work? • Can an employee unable to work recover damages? • How does California law differ from the ADA/ADAAA? Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/Discrimination
• Non-traditional cases: Is viewing pornography a disability? Perfume allergies? • Can you terminate an employee for misconduct caused by a disability? 2:25 Mediation and Arbitration of Discrimination Claims: Strategies and Techniques for Engaging in Successful Alternative Dispute Resolutions Sue Lanergan, Esq. Senior Associate General Counsel WellPoint, Inc. Patrick M. Sanders Partner Lathrop & Gage LLP Karen G. Schanfield Shareholder Fredrikson & Byron, P.A. Mediation • Determining which employment discrimination matters should be referred to non-binding mediation • How employers can use mediation effectively, how to structure it • Case valuation in the mediation context, and eliminating a plaintiff’s unreasonable settlement expectations early in a case • Mediation advocacy and negotiation skills Arbitration • Assessing the merits of arbitration as a means of resolving a discrimination, harassment or other employment practices claim - Quantifying the perceived efficiencies and cost savings of pursuing arbitration rather than litigation - Addressing the perception that an arbitration panel is more likely than a court to issue a compromise decision – and if so, why? - The impact of arbitration and litigation results in a decreased likelihood on settlement efforts - Other pros and cons of arbitration compared with litigation • Defense strategy to counter the increased trend of arbitrators “splitting the baby” to appease both sides • The latest on arbitration of employment discrimination class actions 3:25 Conference Ends – Workshop B Begins Sponsored by: Resolution Economics is a market leader in applying statistical and economic analysis to class action employment matters. We are known for our innovative and creative approach to solving complex problems and our persuasive testimony in a class setting for both employment discrimination and wage and hours claims. ALUMNI Expand Your Network The complimentary ACI Alumni Program is designed to provide returning delegates with unique networking and learning opportunities beyond the scope of their conference experience. Expand your Network at www.my-aci.com INTERACTIVE WORKSHOPS A Tuesday, December 7, 2010 2:00 – 5:00 P.M. (registration opens at 1:30 P.M.) Pre-Conference International Workshop: The Cross-Border Employment Agreements Swap – An Unparalleled Benchmarking Opportunity In this unique and interactive workshop, you will have the opportunity to submit actual employment agreements for analysis and discussion. Led by experts in international employment law, participants will discuss problems that they have encountered and practical solutions to overcome them, as well as pose questions and hypotheticals for group discussion. You will also receive copies of all documents submitted, allowing you to benchmark your agreements against those used by counsel for other multinational corporations. You will not want to miss this unique opportunity to have your actual agreements reviewed and commented on by other employment law professionals. Speakers TBA shortly! B Thursday, December 9, 2010 3:30 – 6:00 P.M. (registration opens at 3:15 P.M.) ERISA Boot Camp for Labor & Employment Defense Attorneys: What You Need to Know About Benefit Plans and Fiduciary-Related Matters Christopher J. Rillo Partner Schiff Hardin LLP A valuable 2½ hour drill down into: • Establishing an ERISA Plan • ERISA preemption procedurally and substantively • Evidence outside the administrative record • Standards of review • Conflicts of interest • Fiduciaries and nonfiduciaries • Plan remedies • ERISA’s enforcement scheme • Service provider relationships • Attorney-client privilege and ERISA practice • Section 510 claims • ERISA fund claims • Intersection of ERISA with ADA, FMLA, and Workers’ Comp Highlights include: • Instantly access thousands of free presentations, PowerPoints and other event resources - Online! • Make direct contact with fellow conference alumni • Post a question or look for answers in our Industry Forums • Join a live Industry Chat in progress • Earn Forum points towards free conferences & workshops Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/Discrimination © American Conference Institute, 2010
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EMPLOYMENT DISCRIMINATION LITIGATION - Alston & Bird LLP

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