Day 1 - Tuesday, September 26, 2017

7:30
Registration and Continental Breakfast
8:10
Co-Chairs’ Welcome
8:15
In-House Think Tanks on Employment Discrimination
10:35
Morning Coffee Break
10:45
Exploring the Current and Anticipated Impacts of the New Presidential Administration on Employment Discrimination Claims
11:35
“Minding the Gap” – Reducing the Risk of Pay Discrimination Claims: Pro-Active Measures and Best Practices
12:30
Networking Lunch for Speakers and Delegates
1:30
The Latest Developments in Sexual Orientation and Gender Identity Discrimination Claims: Examining Recent Court Rulings, EEOC Activity, and Litigation Trends
2:25
Spotlight Address: Trying a High Profile Gender Discrimination & Harassment Case Before a Jury and Host of Reporters
2:55
Afternoon Break
3:05
Immigration Law Update: Understanding the Impact on Employment Practices and Discrimination Theories
3:40
Update on Disability Discrimination and Leaves of Absence: The Latest Trends in Non-Traditional Disabilities Claims
4:30
Views From The Plaintiffs’ Bar: Adapting Your Strategies to New and Innovative Techniques and Tactics
5:40
Conference Adjourns

Day 2 - Wednesday, September 27, 2017

8:00
Registration and Continental Breakfast
8:30
Views From the Bench on Employment Discrimination Litigation
9:55
Morning Coffee Break
10:10
Age Discrimination in the Workplace: Practical Solutions for Overcoming Common Employer Challenges and Strategies for Defeating Claims in Litigation
10:55
Overcoming the Complex Challenges of Retaliation Claims: Managing Plaintiff Employees and Strategies for Defending Retaliation Suits
11:45
Avoiding Discrimination in Company Recruitment and Hiring Practices
12:30
Main Conference Ends – Lunch for Workshop Participants Begins

Post-Conference Workshop

Post-Conference Workshop – How to Conduct a Proper and Lawful Internal Workplace Investigation (Ethics Credits)

Sep 27, 2017 1:30pm – 3:30pm

Speakers

Maxine Neuhauser

Epstein Becker & Green, PC

Jeffrey Webb

Ropes & Gray LLP

Julie K. Adams

FordHarrison LLP

Day 1 - Tuesday, September 26, 2017

7:30
Registration and Continental Breakfast
8:10
Co-Chairs’ Welcome

Julie K. Adams

FordHarrison LLP

William C. Martucci

Shook Hardy & Bacon LL

8:15
In-House Think Tanks on Employment Discrimination

PANEL 1 8:15 – 9:25
PANEL 2 9:25 – 10:35
 
Lawrence Dietrich Vice President & Operating Unit Counsel Coca-Cola Refreshments
Joel Barras Senior Vice President & Managing Counsel Citizens Financial Group, Inc.
 
Stella Dulanya Attorney Southwest Airlines Pilots’ Association
John Forgach Assistant General Counsel W. R. Grace & Co.
 
Courtney L. Anderson Department Head, Human Resources BMW of North America
E. Jewelle Johnson Senior Counsel and Chief Employment Counsel Graphic Packaging International, Inc.
 
Cheryl M. Plambeck Director, Senior Counsel–Litigation Natixis North America LLC
J. Victor Waye Vice President and Associate General Counsel-Legal Sodexo Inc.
 
Raphael Lee Associate General Counsel–Employment & Labor Law S&P Global
Yvette Politis Associate General Counsel RELX Group
 
PANEL 1 MODERATOR: Jessica Golden Cortes Davis & Gilbert LLP
PANEL 2 MODERATOR: Ryan H. Vann Baker & McKenzie LLP
 
  In-house counsel provide key insights on:
  • New and emerging areas of risk in the employment discrimination landscape
  • How they manage their company’s expectations with respect to discrimination suits
  • Formulating and adapting your employment discrimination policies in the face of uncertainty caused by the new administration
  • First-hand accounts of compliance strategies and pitfalls to avoid
  • What in-house can do to make their clients less of a target
  • Strategies for responding to enforcement initiatives and EEOC litigation
  • Selecting and retaining outside counsel; examples of law firms succeeding and falling short
  • Managing complex litigation

10:35
Morning Coffee Break
10:45
Exploring the Current and Anticipated Impacts of the New Presidential Administration on Employment Discrimination Claims

Jim Paretti
Special Assistant to Acting Chair Victoria A. Lipnic
EEOC

Kathy Drew King
Regional Director, Region 29
NLRB

Magdalen Blessey Bickford

McGlinchey Stafford PLLC

  • How changes in leadership at federal agencies (DOL, EEOC, OFCCP, NLRB) are likely to affect workplace discrimination claims going forward
  • What effects might new appointments and vacancies have on pending discrimination cases, or on regulations and guidelines previously issued under the Obama administration?
  • What to expect from state-level regulation and enforcement under the new administration; examining predictions of increased state activity amidst federal scaling back
  • What changes might we see in litigation with the government?

11:35
“Minding the Gap” – Reducing the Risk of Pay Discrimination Claims: Pro-Active Measures and Best Practices

Jay F. Glunt

Reed Smith LLP.

Jeffrey Webb

Ropes & Gray LLP

Ali Saad, Ph.D.

Resolution Economics LLC

  • Survey and detailed analysis of the state pay equity laws that are increasingly popping up across the country; different state nuances and pitfalls to avoid
  • Counseling clients on proactive measures and best practices to prevent and defend pay discrimination claims
    • Best practices for evaluating and drafting defensible compensation policies and procedures
    • Performing statistical analyses by partnering with experienced labor economists and statisticians
    • Advising on employment policies and practices that may impact pay (e.g. hiring practices, job descriptions, performance reviews, etc.
  • Addressing the recent trend of banning salary history inquiries during the hiring process – what implications is this having on employers and how  to navigate this
  • What role is the Trump administration’s EEOC recently playing in this space? What trends are we seeing in private litigation of these claims?
  • The latest pay transparency protections and how employers should best handle them
  • The most effective ways to conduct and manage a pay equit preemptive audit / conducting a pay equity audit when operating under varying state regulations

12:30
Networking Lunch for Speakers and Delegates
1:30
The Latest Developments in Sexual Orientation and Gender Identity Discrimination Claims: Examining Recent Court Rulings, EEOC Activity, and Litigation Trends

A. Chinyere Ezie
Trial Attorney
EEOC

J. Randall Coffey

Fisher & Phillips LLP

Christopher G. Gegwich

Nixon Peabody LLP

Martha S. Doty
Attorney
Alston & Bird LLP

  • Examining the latest court activity and key rulings involving claims of sexual orientation and gender identity/transgender/gender expression discrimination (e.g. cases involving hiring, firing, failure to promote, failure to provide bathroom access to corresponding gender identity, unequal pay, harassment, etc.)
  • The latest case law surrounding an employer’s denial of spousal benefits to an employee’s same-sex spouse
  • Where are the courts drawing the line between discrimination on the basis of gender stereotyping and discrimination on the basis of sexual orientation/sexual identity?
  • The latest EEOC activity surrounding this issue – what is Trump’s administration doing with this?
  • Understanding the protections afforded to LGBT employees in your particular state, and navigating such discrimination claims amidst inconsistent and uncertain legal guidelines
  • Practical guidance for employers on how to handle transgender employees within the workplace – navigating unknown territory with regard to:
    • What policies should be established?
    • What training should be provided to employees and supervisors?
    • What complaint reporting procedures should be in place?
    • What accommodations should be provided to transgender employees?

2:25
Spotlight Address: Trying a High Profile Gender Discrimination & Harassment Case Before a Jury and Host of Reporters

Lynne C. Hermle

Orrick, Herrington & Sutcliffe LLP

  • Proven strategies for litigating to a defense verdict in a high profile gender discrimination/harassment case: tactics related to discovery, voir dire, cross examination, and beyond
  • Tips for dealing with the press generally
  • Preparing your client for the onslaught
  • Strategies for getting fair reporting
  • Overcoming the challenges of how male and female attorneys are portrayed by the media

2:55
Afternoon Break
3:05
Immigration Law Update: Understanding the Impact on Employment Practices and Discrimination Theories

James P. Anelli

LeClair Ryan

Thomas R. Revnew
Seaton Peters & Revnew PA

  • New I-9 Forms – what employers need to know, and counseling clients regarding I-9 audits
  • New initiatives affecting employment-based immigrant and nonimmigrant visa programs, what are the practical effects on the application and hiring process?
  • New compliance challenges faced by employers
  • What employers should be on the lookout for and how to best proceed

3:40
Update on Disability Discrimination and Leaves of Absence: The Latest Trends in Non-Traditional Disabilities Claims

Elizabeth Fox Solomon
Trial Attorney
EEOC

Mitchell J. Rhein

Spilman, Thomas & Battle, PLLC

Maxine Neuhauser

Epstein Becker & Green, PC

  • The latest trends in claims based on non-traditional disabilities (mental illness; pregnancy; age; weight) – key developments and takeaways
  • Accommodating mental disabilities and other “tricky to identify and accommodate” disabilities
  • Creating and implementing best practices for handling accommodation requests and engaging in interactive processes in order to minimize risk to clients
  • Managing leaves of absence issues in the pregnancy context
  • The latest accommodation claims relating to reasonable accommodation of employees with pregnancy-related medical conditions
  • Counseling clients regarding payouts under leave (e.g. Do commissions get paid while on leave? When, how and under what circumstances?) – What does the latest case law say about this, and how to manage these considerations in the absence of a bright line rule?
  • Mistakes to avoid when handling intermittent FMLA leave
  • Trial techniques for defending against ADA and FMLA claims once they are brought:
    • Communicating your client’s position on the existence of a disability to the jury
    • Leveraging new summary judgment strategies
    • Navigating causation issues
  • Overcoming the challenges of defending against claims of systemically discriminatory leave policies
  • Managing and defending cases involving the intersection of the ADA, FMLA and other types of leave claims

4:30
Views From The Plaintiffs’ Bar: Adapting Your Strategies to New and Innovative Techniques and Tactics

KICKOFF ADDRESS: (4:30 – 4:50) David Lopez Outten & Golden LLP EEOC General Counsel (2010 – 2016)  

  • Plaintiff counsel insights from the recent longest standing general counsel of the EEOC on the latest developments in employment discrimination litigation and projected upcoming claims trends
  PANEL: (4:50 – 5:40)
Bruce Atkins Deutsch Atkins, P.C.
Beth Bertelson Bertelson Law Offices PA
 
Christopher P. Lenzo Lenzo & Reis, LLC
   
  • New and emerging theories and arguments that plaintiffs’ counsel are capitalizing on in employment discrimination cases
  • The latest trends in discrimination claims and class actions
  • Perspectives on the latest EEOC initiatives and activity
  • Plaintiff bar perspectives on how the new administration will affect litigation with the government
  • Emerging hotbeds for claims
  • Methods the plaintiffs’ bar utilizes in efforts to find classes, and restrictions that the courts are imposing on those methods
  • What makes a claim attractive or unattractive to the plaintiffs’ bar?

5:40
Conference Adjourns

Day 2 - Wednesday, September 27, 2017

8:00
Registration and Continental Breakfast
8:30
Views From the Bench on Employment Discrimination Litigation

U.S. DISTRICT COURT

Hon. Anne Y. Shields, U.S.M.J.

E.D.N.Y.

Hon. Michael M. Baylson, U.S.D.J

E.D. Pa

Hon. Algenon Marbley, U.S.D.J

S.D. Ohio

Hon. Kathleen Tomlinson, U.S.M.J

E.D.N.Y.

Hon. Daniel Knowles, U.S.M.J

E.D. La

Hon. William V. Gallo, U.S.M.J

S.D. Ca

Hon. Lee Yeakel, U.S.D.J

W.D. Texas

U.S. BANKR. COURT

Hon. Alan S. Trust

E.D.N.Y.

Moderator:

Mercedes Colwin

Gordon Rees Scully Mansukhani LLP

A panel of esteemed judges provides first hand insights on:

  • What works and doesn’t work in voire dire, jury instructions and opening/ closing statements
  • Why employers succeed and don’t succeed in discrimination litigation
  • Novel trial and case management strategies
  • Examples of good vs. bad lawyering, and how to connect with a jury

9:55
Morning Coffee Break
10:10
Age Discrimination in the Workplace: Practical Solutions for Overcoming Common Employer Challenges and Strategies for Defeating Claims in Litigation

Raymond L. Peeler
Special Assistant to Acting Chair Victoria Lipnic
EEOC

William C. Martucci

Shook Hardy & Bacon LL

  • Addressing the continuing rise in age discrimination claims as a record number of Americans are choosing to retire much later
  • Practical solutions for employers in facing new and complex age discrimination challenges
  • Essential steps for preparing for and defending the latest ADEA cases
  • Methods for discovery – ensuring a favorable ruling
  • Effective evidence building strategies to ensure a winning case
  • Tips and best practices for showing an employer was in full compliance with the ADEA
  • Responding effectively to anticipated arguments
  • Tactics to avoid spoliation of evidence during discovery
  • Techniques for exposing weakness in your opponent’s arguments
  • Expert witness selection strategies
  • Mitigating damages in age discrimination claims
  • The uses and misuses of statistical evidence in age discrimination claims
  • Looking ahead – will ageism claims by millennials be on the horizon for employers?

10:55
Overcoming the Complex Challenges of Retaliation Claims: Managing Plaintiff Employees and Strategies for Defending Retaliation Suits

Donna M. Melby

Paul Hastings LLP

Cathy J. Beveridge

Buchanan Ingersoll & Rooney PC

Julie K. Adams

FordHarrison LLP

  • Overcoming the inherent difficulties in defending against retaliation cases
  • Best practices for managing employees who have sued the company for discrimination
    • What level of contact should there be with that employee?
    • Should a documentation trail be initiated? When and how?
    • Under what circumstances can you fire an employee who has sued the company?
    • How to proceed if the employee drops their EEOC charge?
  • Evaluating the EEOC’s position on these issues, as well as the latest court decisions
  • Review of the latest case law developments impacting elements of retaliation claims – “protected activity,” “adverse action” and “causation”
  • Overcoming juror preconceptions that retaliation is human nature in these scenarios
  • Pitfalls to avoid in preventing and defending retaliation claims
  • Counseling clients on establishing a model policy to protect the organization

11:45
Avoiding Discrimination in Company Recruitment and Hiring Practices

Brian Arbetter

Norton Rose Fulbright US LLP

Tracy Richelle High

Sullivan & Cromwell LLP

  • In litigation with the EEOC, as well as private litigation, what kinds of evidence is being most highly considered in determining that there is a disparate impact caused by a company’s pre-employment background/ criminal/credit check policies? Tips and best practices for defeating such claims
  • Discrimination claims based on the channeling or steering of individuals into specific jobs due to their status in a particular group (racial, ethnic and religious groups, older workers, women, people with disabilities, etc.)
  • Claims based on job segregation and/or restrictive application processes
  • The latest court responses to disparate impact challenges to employers’ criminal records policies
  • The impact and current status of the “ban the box” movement on criminal records policies
  • Navigating the distinctions between federal and state laws governing the running of criminal history and credit checks; exceptions and loopholes employers and their counsel should know about in defending against disparate impact claims based on criminal and credit checks
  • Defending against disparate impact claims based on employer use of online job applications
  • Tips, strategies and best practices for avoiding discrimination when using social media tools in your recruiting and/or hiring process; the key theories of liability in these claims and strategies for defending against them

12:30
Main Conference Ends – Lunch for Workshop Participants Begins

Post-Conference Workshop – How to Conduct a Proper and Lawful Internal Workplace Investigation (Ethics Credits)

Sep 27, 2017 1:30pm – 3:30pm

Maxine Neuhauser

Epstein Becker & Green, PC

Jeffrey Webb

Ropes & Gray LLP

Julie K. Adams

FordHarrison LLP

What is it about?

  • Best practices for conducting internal workplace investigations when faced with allegations of discrimination
  • Ethical issues for employment defense lawyers conducting internal investigations
  • How counsel should conduct themselves during the course of an investigation from start to finish so as to avoid exceeding the boundaries of their ethical obligations
  • What are the privilege implications?
  • Keeping an eye to what will be discoverable in a subsequent litigation
  • Attorney-client privilege implications
  • Under what circumstances will the attorney work-product privilege fail to protect material in the context of internal investigations?
  • Special considerations for in-house counsel conducting internal investigations