Day 1 - Thursday, July 28, 2016

7:15
Registration and Continental Breakfast
7:55
Chairs’ Welcome
8:00
Keynote Address: EEOC Initiatives for the Second Half of 2016 and Beyond
8:30
Views From the Bench on Employment Discrimination Litigation: What Works and Doesn’t Work in Jury Instructions, Voir Dire and Opening/Closing Statements; Examples of Poor Witness Selection, Inability to Connect with a Jury, Good vs. Bad Lawyering;
9:45
Break
9:50
Spotlight on Sexual Orientation, Gender Identity and Gender Expression Discrimination: The Latest Trends in Litigation and Practical Guidance for Employers of LGBT Employees
10:35
Pay Equity and Compensation Discrimination: Staying Ahead of the Curve on this Hot Button Issue, Tips for Ensuring Equal Pay Compliance and Strategies for Defending Litigation
11:35
Networking Lunch for Speakers & Delegates
12:30
Recent Heightened Focus on Pregnancy Discrimination and Pregnancy Accommodations, and Avoiding & Defending Claims of Family Responsibilities Discrimination
1:30
Age Discrimination in the Workplace: Practical Solutions for Overcoming the Most Common Challenges and Strategies for Managing & Defending Against the Latest Claims
2:30
Break
2:35
Economic Damages and Statistical Issues in Employment Discrimination Cases
3:35
Avoiding Discrimination in Company Recruitment and Hiring Practices: The Latest on “Ban the Box,” Employee Background Checks, Online Job Applications and Pitfalls to Avoid When Using Social Media Tools in Your Hiring Process
4:35
Views from the Plaintiffs’ Bar: Adapting Your Strategies to New and Innovative Techniques and Tactics
5:40
Litigating and Defending Retaliation Claims: Overcoming the Complex Challenges of These Claims and Pitfalls to Avoid
6:30
Conference Adjourns to Day Two

Day 2 - Friday, July 29, 2016

7:20
Continental Breakfast
8:00
In-House Think Tank:
10:20
Break
10:25
Insurance Roundtable: Views from the Insurance Brokers, Carriers, and Claims Professionals on Recent Trends Affecting EPLI Coverage in the Discrimination Context
12:00
Joint Employer Liability in the Employment Discrimination Context: Crucial Considerations for Franchisors/Franchisees Given the Expanding Scope of Joint Employment, and Defeating Joint Employment Allegations Early in an Employment Discrimination Claim
1:00
Disability and Leaves of Absence: The Latest on Who Qualifies as Disabled, “Non-Traditional” Disabilities and Mental Health Claims, What Accommodations Qualify as Reasonable, and a Tactical Tool-Kit for Defending Against ADA & FMLA Claims
2:00
Conference Ends

Day 1 - Thursday, July 28, 2016

7:15
Registration and Continental Breakfast
7:55
Chairs’ Welcome

Sherril M. Colombo

Littler Mendelson P.C.

William C. Martucci

Shook, Hardy & Bacon LLP

Mercedes Colwin

Gordon Rees Scully Mansukhani, LLP

8:00
Keynote Address: EEOC Initiatives for the Second Half of 2016 and Beyond

Constance S. Barker
Commissioner
U.S. Equal Employment Opportunity Commission

The U.S. Equal Employment Opportunity Commission shows no signs of letting up on its aggressive agenda. Commissioner Barker will share her candid views on the EEOC’s recent actions and its future direction. She will also discuss the top compliance issues she believes employers should be aware of for the Fall of 2016 and beyond.

8:30
Views From the Bench on Employment Discrimination Litigation: What Works and Doesn’t Work in Jury Instructions, Voir Dire and Opening/Closing Statements; Examples of Poor Witness Selection, Inability to Connect with a Jury, Good vs. Bad Lawyering;

Hon. Clifton Newman

South Carolina Jud. Dept.

Hon. F.A. Gossett, III
Magistrate Judge
U.S. Dist. Ct., D. Neb.

Hon. Lance M. Africk

U.S. Dist. Ct., E.D. La.

Hon. Viktor V. Pohorelsky

U.S. Dist. Ct., E.D.N.Y.

Hon. Sean W. McPartland

Sixth Judicial District of Iowa

Hon. Nora Barry Fischer

U.S. Dist. Ct., W.D. Pa.

Panel Moderator:

Joan Tucker Fife

Winston & Strawn LLP

​and More

9:45
Break
9:50
Spotlight on Sexual Orientation, Gender Identity and Gender Expression Discrimination: The Latest Trends in Litigation and Practical Guidance for Employers of LGBT Employees

Jessica Golden Cortes

Davis & Gilbert LLP

Albert B. (Bert) Randall Jr.

Franklin & Prokopik, P.C.

Craig R. Thorstenson

Ford & Harrison LLP

  • Examining the latest court activity and trends involving claims of sexual orientation discrimination: approaches taken and lessons learned
  • Spotlight on the very first cases filed by the EEOC alleging sexual orientation discrimination in the context of Title VII
    • (EEOC v. Scott Medical Health Center; EEOC v. Pallet Companies)
    • Tracking the course of these new historic lawsuits
  • Where are the courts drawing the line between discrimination on the basis of gender stereotyping and discrimination on the basis of sexual orientation?
  • Examining the latest EEOC efforts to push the boundaries of Title VII so that its protections extend to cover transgender employees
  • Understanding the protections afforded to LGBT employees in your particular state, and navigating such claims amidst inconsistent and uncertain legal guidelines
  • Practical guidance for employers on how to handle transgender employees within the workplace; providing accommodations and navigating unknown territory (i.e. addressing bathroom issues, HR issues, dressing and grooming policies, etc.)

10:35
Pay Equity and Compensation Discrimination: Staying Ahead of the Curve on this Hot Button Issue, Tips for Ensuring Equal Pay Compliance and Strategies for Defending Litigation

Fred Plevin

Paul Plevin Sullivan & Connaughton LLP

Timothy J. Long

Orrick, Herrington & Sutcliffe LLP

Paul F. White Ph.D.

Resolution Economics

Additional speaker to be announced
Check AmericanConference.com/Discrimination
for this and other exciting speakers being added

  • Discussion of the recent equal pay movement and an overview of the latest key legislative and regulatory developments that employers should familiarize themselves with to stay ahead of the curve
  • Examining the recently ramped up pay equity laws enacted in New York and California — what are the implications? What ambiguities exist in the statutes? What are the pitfalls to look out for?
  • Which other states currently have new, more demanding pay equity bills pending and what do these bills propose? (e.g. Massachusetts, Florida, Hawaii, Michigan, New Jersey)
  • New pay equity rules issued for federal contractors
  • What industries are being spotlighted for demonstrating the most dramatic wage gaps between men and women?
  • Evaluating exposure to claims of compensation discrimination and tips for equal pay compliance
  • The latest litigation arising from pay discrimination or “glass ceiling” failure to promote cases
  • Under what circumstances are courts finding that employers can avoid liability for pay discrepancies? How are new state laws changing the standards to make it easier for employees to succeed on pay discrimination claims?
  • Strategies for defending claims of compensation discrimination
  • Status of the proposed EEOC Reporting Requirements on pay differences

11:35
Networking Lunch for Speakers & Delegates
12:30
Recent Heightened Focus on Pregnancy Discrimination and Pregnancy Accommodations, and Avoiding & Defending Claims of Family Responsibilities Discrimination

Sheila Engelmeier

Engelmeier & Umanah, P.A.

Jenny Gassman-Pines

Greene Espel PLLP

Donald R. Deere Ph.D

Welch Consulting

  • Examining the latest EEOC strides towards effecting tougher rules protecting pregnant workers
  • Taking a look at the developments following Young v. UPS and the aftermath of the EEOC’s latest pregnancy discrimination guidance
  • Scrutiny of leave policies for pregnant workers
  • Managing leaves of absence issues in the pregnancy context
  • The latest accommodation claims relating to reasonable accommodation of employees with pregnancy-related medical conditions
  • Efforts to extend the reach of the ADA’s reasonable accommodation provisions to cover pregnant employees who are experiencing normal/healthy pregnancies — where are the courts coming out on this?
  • Best practices for avoiding and defending against claims of pregnancy discrimination in the face of heightened scrutiny
  • Proving that pregnancy wasn’t the reason for the adverse decision
  • What states are following EEOC suit and passing laws regarding pregnancy accommodations? What are the trends being seen?
  • Family Responsibilities Discrimination claims under Title VII, the FMLA, the ADA and beyond; strategies for defending these claims and pitfalls to avoid

1:30
Age Discrimination in the Workplace: Practical Solutions for Overcoming the Most Common Challenges and Strategies for Managing & Defending Against the Latest Claims

Mark J. Girouard

Nilan Johnson Lewis PA

Cathy Ventrell-Monsees
Senior Counsel
U.S. EEOC

  • Addressing the continuing rise in age discrimination claims as baby boomers continue to reach and pass retirement age
  • Effective evidence building strategies to ensure a winning case
  • Essential steps for preparing for and defending ADEA cases
  • Methods for discovery — ensuring a favorable ruling
  • 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

2:30
Break
2:35
Economic Damages and Statistical Issues in Employment Discrimination Cases

Stephen G. Bronars Ph.D.

Edgeworth Economics

Sherril M. Colombo

Littler Mendelson P.C.

William C. Martucci

Shook, Hardy & Bacon LLP

  • Making sense of the latest issues in economic damages in discrimination cases: a comprehensive update on a rapidly changing area
  • Statistical evidence: how it’s different in discrimination cases, and different in every type of discrimination case (age, race, gender, etc.)
  • The Dos and Don’ts of effectively using economists and statistician experts
  • Making the determination which expert witness and testimony will work better in front of the jury

3:35
Avoiding Discrimination in Company Recruitment and Hiring Practices: The Latest on “Ban the Box,” Employee Background Checks, Online Job Applications and Pitfalls to Avoid When Using Social Media Tools in Your Hiring Process

Daniel J. Burnick

Sirote & Permutt, PC

Paul C. Evans

Morgan, Lewis & Bockius LLP

Ali Saad Ph.D.

Resolution Economics

  • What kinds of evidence does the EEOC consider in determining that there is a disparate impact caused by a company’s pre-employment background/criminal/credit check policy; tips and best practices for defeating such claims
  • 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
  • Limitations of the “ban the box” movement
  • Agency efforts to systemically reform the way employers consider criminal history information
  • 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 credit checks
  • Defending against disparate impact claims based on employer use of online job applications
    • Claims of disparate impact on minorities and the disabled
  • 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

4:35
Views from the Plaintiffs’ Bar: Adapting Your Strategies to New and Innovative Techniques and Tactics

Tanvir Rahman

Wigdor LLP

Joni M. Thome

Baillon Thome Jozwiak & Wanta LLP

J. Nelson Thomas

Thomas & Solomon LLP

Andrew Melzer

Sanford Heisler, LLP

Sarah R. Schalman Bergen

Berger & Montague, P.C.

Beth Bertelson

Bertelson Law Offices, P.A.

  • New and emerging arguments that plaintiffs’ counsel are using
  • The latest trends in discrimination claims and class actions
  • Emerging claims, hotbeds, states & industries
  • Pleading standards
  • plaintiffs’ counsel make use of jury research
  • Common mistakes companies and counsel make
  • What makes a claim attractive or unattractive?

5:40
Litigating and Defending Retaliation Claims: Overcoming the Complex Challenges of These Claims and Pitfalls to Avoid

Ivan D. Smith

Hinshaw & Culbertson LLP

Susan E. Ellingstad

Lockridge Grindal Nauen PLLP

Howard M. Miller

Bond Schoeneck and King, PLLC

  • Addressing the unrelenting volume of retaliation claims filed based on employment discrimination; the latest trends; notable decisions; proven strategies; lessons learned
  • Understanding why common law whistleblower cases are so dangerous and tricky to defend; overcoming the inherent difficulties in defending these cases
  • Review of the latest case law developments impacting elements of retaliation claims — “protected activity,” “adverse action” and “causation”
  • The latest treatment of standards of proof for retaliation claims — “but for causation” or “mixed motive?”
  • Overcoming juror preconceptions that retaliation is human nature in these scenarios
  • Pitfalls to avoid in preventing and defending retaliation claims

6:30
Conference Adjourns to Day Two

Day 2 - Friday, July 29, 2016

7:20
Continental Breakfast
8:00
In-House Think Tank:

PANEL 1 (8:00 – 9:10)

Mary Ulmer-Jones
Associate General Counsel
Bank of America

Syeda Raza
Vice President & Associate General Counsel
HMS Host

Damien Stewart
Associate General Counsel
Fannie Mae

Melissa L. Dulski
Vice President and Associate General Counsel
American Capital, Ltd.

Keith James
Corporate Employment Counsel
Masco Corporation

Laura H. Huggett
Corporate Counsel
The Chemours Company

Charlie Bierman
Attorney
Mayo Clinic

Michael Segall
Vice President & Assistant General Counsel
Hyatt Hotels & Resorts

Moderator:

Eric W. Iskra

Spilman Thomas & Battle, PLLC

PANEL 2 (9:10 – 10:20)

Suzy Alford
Assistant General Counsel
Equifax Inc.

Jeff Rosier
Senior Employment Counsel
Marsh & McLennan Companies, Inc.

Nicole A. Groves
Director, Senior Counsel
Avon

Philip I. Weis
Director & Senior Employment Counsel
Boehringer Ingelheim Pharmaceuticals

Ilyse Goldsmith
Vice President | Assistant General Counsel
U.S. Bank

Catherine A. Spicer
Vice President – Associate General Counsel
Tailored Brands

Nancy L. Reynolds
Counsel – Global Employment, Benefits and Labor Law Group
The Western Union Company

Moderator:

Regina Silva

Tyson & Mendes LLP

Hear from In-House Counsel on New and Emerging Areas of Risk in the Employment Discrimination Landscape, How They Manage Their Company’s Expectations with Respect to Discrimination Suits, Strategies for Responding to Enhanced Enforcement Initiatives and Ramped Up EEOC Litigation Efforts, How They Manage Executive Witnesses, Examples of Law Firms Succeeding and Falling Short, and Beyond

10:20
Break
10:25
Insurance Roundtable: Views from the Insurance Brokers, Carriers, and Claims Professionals on Recent Trends Affecting EPLI Coverage in the Discrimination Context

Raymond Cashman Esq., CPCU
Director, Claims Department
Freedom Specialty Insurance Company, a Nationwide Company

David T. Vanalek
Claims Manager, Global Management Liability
Markel Corp.

Daniel Aronowitz
Managing Principal
Euclid Specialty Managers

Edward T. McNally II Esq.
National EPL Practice Leader Commercial and Financial Institutions
CNA

Laurie J. Mandell
Claims Manager, Employment Practices Liability Claims
Chubb

Kenneth L. Latham
Vice President, North America Financial Lines
Chubb

Jonathan Kurens
Senior Vice President & Executive Director
Aon Risk Solutions

Alyssa Nobile Pianelli
Group Claims – Specialty Lines
Beazley Group

Moderator:

Mercedes Colwin

Gordon Rees Scully Mansukhani, LLP

  • EPLI coverage in the discrimination context: difficulties in dealing with coverage, new exposures, and claims trends
  • What new coverage enhancements are being offered?
  • New sources of claims
  • Claims trends: types of claims; industries with the most claims; payouts and defense costs
  • Carrier perspectives on working with insureds to better manage claims
  • Dealing with situations where coverage appears to be insufficient
  • And Beyond

12:00
Joint Employer Liability in the Employment Discrimination Context: Crucial Considerations for Franchisors/Franchisees Given the Expanding Scope of Joint Employment, and Defeating Joint Employment Allegations Early in an Employment Discrimination Claim

Peter Sung Ohr
Regional Director
NLRB, Chicago

Rebecca Bernhard

Dorsey & Whitney LLP

John Barber

Lewis Brisbois Bisgaard & Smith LLP

John D. Cole

Nexsen Pruet, PLLC

Gerald L. Maatman Jr.

Seyfarth Shaw LLP

  • Examining the fallout of the NLRB’s redefinition of “joint employer” in Browning-Ferris, and the decision’s implications on franchisor/franchisees, sub-contractors, and other businesses that use outsourcing or staffing agencies to supply their workers
  • What far reaching impacts will this have on business practices, transactions and litigation? What impacts are already being seen?
  • What industries are being targeted?
  • Advising clients on reviewing their policies, procedures, business relationships and practices to limit their potential exposure to employment discrimination claims based on a joint employer theory
  • Carefully examining contractual relationships with third-party employers to determine whether changes can be made to those agreements to reduce the risk of joint employer liability for discrimination
  • Red flag issues that lead to joint employer liability
  • Tips, strategies and best practices for avoiding and defending against these claims
  • Defeating joint employment allegations early in employment litigation; attacking these claims at the pleading stage

1:00
Disability and Leaves of Absence: The Latest on Who Qualifies as Disabled, “Non-Traditional” Disabilities and Mental Health Claims, What Accommodations Qualify as Reasonable, and a Tactical Tool-Kit for Defending Against ADA & FMLA Claims

Ryan H. Vann

Baker & McKenzie LLP

Jessica Roe

Roe Law Group PLLC

Kara Shea

Butler Snow LLP

Thomas R. Revnew

Seaton Peters & Revnew PA

  • Defending against FMLA and ADA claims (including mental health claims) and making sense of the crossover between them
  • How are the courts most recently interpreting and qualifying “disability” under the latest ADA amendments?
  • Managing ADA claims based on non-traditional disabilities (mental illness; pregnancy; age; weight)
  • Accommodating mental disability & other “tricky to identify & accommodate” disability
  • Handling accommodation requests and engaging in interactive processes in order to minimize risk to clients
  • Job restructuring accommodations
  • Trial techniques for managing & defending against ADA claims once they are brought:
    • Communicating your client’s position on the existence of a disability (mental disorder) to the jury
    • Summary judgment strategies
    • Navigating causation issues
  • Overcoming challenges with claims of systemically discriminatory leave policies
  • Managing and defending cases involving the intersection of the ADA, FMLA and other types of leave claims

2:00
Conference Ends