Why you should attend
This program, designed for employment law practitioners and human resources professionals at all levels, brings together prominent practitioners from the management and plaintiffs’ bars, in-house counsel, EEOC representatives and members of the judiciary, to analyze and provide practical guidance on the latest developments in the employment discrimination arena. In addition to providing critical updates on recent developments in the law, our expert faculty will offer their respective perspectives on addressing potential employment discrimination issues in the workplace proactively, as well as in litigation.
Any attorney or human resources professional who advises or represents employers, employees, labor unions or government, or who has judicial/arbitral/mediator responsibility will benefit from attending this program.
What you will learn
- New laws and new rulings that can affect the advice you give, the strategies you choose, and the settlements you propose
- Disabilities discrimination and workplace accommodation update
- What judges think about lawyers’ approaches to litigating employment discrimination claims
- The EEOC’s perspective on key discrimination hot topics
- Latest developments in employment discrimination class actions
- Co-worker harassment and other misconduct claims
- Discrimination trends and the experts’ future predictions
- Earn up to one full hour of Ethics credit
- SHRM credit also available
Who should attend
This program is designed for attorneys and human resources professionals at all levels who seek an in-depth analysis and discussion of workplace discrimination claims, and the resolution of those claims, both inside and outside of the courtroom.
Morning Session: 9:00 a.m. - 12:30 p.m.
9:00 Opening Remarks and Introduction
Anne C. Vladeck, Theodore O. Rogers, Jr.
9:15 “Suit and Tie”: Hiring Issues, Including Age Discrimination
- Advice to clients on interviews, hiring documentation
- When is the employer jointly liable for the statements or actions of a headhunter
- Is it appropriate to seek employees who will be long tenured?
- Reasonable factor other than age defense
- The use of questionnaires and questions in hiring
- Use of criminal arrest records in hiring
Ned H. Bassen, Laurie Berke-Weiss, Nora E. Curtin
10:15 “Harder to Breathe”: Disabilities Discrimination and Advice
- Requests for leave as potential accommodations
- Dealing with mental and emotional disabilities in the workplace
- Excusing workplace misconduct based on disability
- Reinstatement and returning to work
- When is an accommodation that affects coworkers reasonable?
Mark E. Brossman, Hon. James C. Francis IV, Hon. Cheryl L. Pollak, Pearl Zuchlewski
11:15 Networking Break
11:30 “Stairway to Heaven”: Religious Accommodation and Discrimination
- Judicial views on what is a religious practice
- Time to pray
- Places to pray
- Conflicts among coworkers
- Dealing with employees who proselytize
- Accommodating claims of need for unusual clothing/appearance
Joyce Dubensky, Katharine H. Parker, Mary Schuette
12:30 Lunch Break
Afternoon Session: 1:45 p.m. - 5:00 p.m.
1:45 “Don’t Get Mad, Get Even”: Retaliation Claims
- Review of new whistleblower laws
- Advice to clients concerning use of anonymous hotlines – from employer and employee perspectives
- Inappropriate social media postings – is discipline retaliation?
- Evolving judicial views of constructive discharge claims
Hon. Lois Bloom, Edward Hernstadt, Tracy Richelle High
2:45 “Stayin’ Alive”: Ethical Aspects of Employment Discrimination Litigation
- The ethics of preemptive suits or counterclaims against complainants
- When is taping/recording of witnesses proper?
- Can you tell your client to act when you can’t?
- Payments for evidence, or to people who may be witnesses
- When lawyers or HR professionals are the client -- confidentiality considerations
Anne L. Clark, Jill L. Rosenberg, Ivan D. Smith
3:45 Networking Break
4:00 “Livin’ on the Edge”: Practice Pointers
- Settlement strategies and logistics in employment discrimination cases
- The requirements when age claims are released
- Tax issues and 409A
- Medicare implications of settlement
- Update on recent and potential discrimination statutes and regulations
- Evolving law of harassment, including co-worker harassment claims
Louis P. DiLorenzo, Hon. Loretta A. Preska, Susan Ritz
Hon. Lois Bloom
~ United States Magistrate Judge, United States District Court for the Eastern District of New York
Nora E. Curtin
~ Supervisory Trial Attorney, New York District Office, U.S. Equal Employment Opportunity Commission
Joyce S. Dubensky
~ Chief Executive Officer, Tanenbaum Center for Interreligious Understanding
Hon. Cheryl L. Pollak
~ United States Magistrate Judge, United States District Court, Eastern District of New York
~ Vice President, Legal Services, Consolidated Edison Company of New York, Inc.
New York City Seminar Location
PLI New York Center, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
Crowne Plaza Times Square Manhattan, 1605 Broadway (at 48th Street), New York, NY 10019 (212) 977-4000. When calling, mention Practising Law Institute. You can also make reservations online to access PLI's rates.
The Muse, 130 West 46th Street, New York, NY 10036. Please call reservations at 1-800-546-7866. When calling, please mention Practising Law Institute. You can also book online at https://gc.synxis.com/rez.aspx?Hotel=26750&Chain=10179&promo=PRLW.
Millennium Broadway Hotel, 145 West 44th Street, New York, NY 10036. Please call reservations at 1-800-622-5569. When calling, please mention Practising Law Institute. You can also book online at https://gc.synxis.com/rez.aspx?Hotel=11533&Chain=5303&promo=PLAW.
Hyatt Times Square, 135 W. 45th Street, New York, NY 10036. For reservations, please call (646) 364-1234. When calling mention rate code CR56218 or Practising Law Institute.
PLI seminars qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state.
Please check the Credit Information box to the right of each product description for credit information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.