2014 Conference Papers

Materials presented at the 2014 National Conference on Equal Opportunity Employment Law. Documents will open into separate windows.

TITLE VII AT 50 YEARS

Title VII at the Crossroads: The Effects of Expanding EEOC’s Authority, Grutter v. Bollinger, and Greater Reliance on Disparate Impact Lawsuits

Donald R. Livingston

Has the Dust Settled?  Certification of Title VII Class Actions After Wal-Mart Stores v. Dukes

Jocelyn D. Larkin

EMPLOYER CONSTITUENCY MEETING: A REVIEW OF SIGNIFICANT EEO CASES

Employment Discrimination Law Update

Paul Grossman

GOVERNMENT PLENARY

'EEOC Overreach' Analysis Distorted the Record

Law360

2014 ABA National Conference on EEO Law Government Plenary

EEOC SYSTEMIC PROGRAM: THE VIEW FROM THE FIELD

EEOC Systemic Program: The View from the Field

Barry A. Hartstein, John C. Hendrickson and Anna Park

Reflections on Fifty Years of Title VII of the Civil Rights Act of 1964 and Unsettled Issues Involving Systemic Claims and Class-Based Litigation by the EEOC: An Employer Perspective

Barry A. Hartstein

Selected Materials on Employment Discrimination Law

Submitted by John C. Hendrickson

RETALIATION AND WHISTLEBLOWING: SURVIVING SETTLEMENT BETWEEN A CURRENT EMPLOYYEE AND EMPLOYER

Managing Employees after a Complaint: Retaliation Post Nassar and Thompson

Karen M. Buesing and Matthew L. Ransdell

Retaliation Claims by HR Employees: A Post-Crawford Analysis

Lisa J. Banks and Andrew B. Schroeder

CLASS ACTIONS – DEAD, ALIVE OR ON LIFE SUPPORT?

Comcast v. Behrend: Sound and Fury Signifying Little

James M. Finberg

Class Actions: Alive and Kicking

Christine E. Webber

Class Actions: Dead or Alive?

Barbara B. Brown

AGE DISCRIMINATION: TITLE VII INTERPRETATIONS MAY NO LONGER APPLY

OWBPA Releases: Understandability and Group Termination Disclosures

Sallie G. Smylie and Jordan M. Heinz

Could They Make It Any Harder? The Challenges of Representing Plaintiffs in Age Discrimination Cases

Michael C. Subit

In Haec Verba – or Not: How Courts Construe the ADEA Differently from Title VII

Cathy Ventrell-Monsees

ARBITRATION – A UNIVERSAL REMEDY?

Is Retaliation a Viable Challenge to Employer-Mandated Arbitration?

Michael Z. Green

Arbitration: A Universal Remedy?

Hunter R. Hughes

Preparing for Arbitration under a Collective Bargaining Agreement: Practical Considerations

Jean Shin

TITLE VII AT AGE 50: STILL ROOM FOR CREATIVITY?

Developing New Defenses and Testing New Claims

Mark S. Dichter and W. John Lee

Title VII at Age 50: Still Room For Creativity? Developing New Defenses and Testing New Claims--The Union Perspective

Yona Rozen

A SIDE BAR WITH THE JUDGES ON RULE 30(b)(6):USE ABUSE AND PROCESS

Outline of Noteworthy Issues and Decisions

J. Randall Coffey and Justin M. Swartz

IS EVERONE AN EXPERT? THE LATEST WORD ON HR AND STEREOTYPING WITNESSES

Is Everyone an Expert? The Latest Word on HR and Stereotyping Witnesses

R. Lawrence Ashe, Jr.

The Legitimacy of “Social Framework” and “Stereotyping” Testimony from Expert Witnesses in Employment Discrimination Litigation: Background and Recent Cases

Andrew S. Rosenman and Alexandra L. Newman

The Continued Vitality of Social Framework Testimony: A Doctrinal Examination for Plaintiffs in Employment Discrimination Cases

Tara K. Ramchandani

THE OFCCP AND PAY DISCRIMINATION A YEAR AFTER DIRECTIVE 307 AND EXPLORING THE SEPTEMBER 2013 FINALIZATION OF THE SECTION 503 AND VETS REGULATIONS

The OFCCP and Pay Discrimination: A Year after Directive 307 and Exploring the September 2013 Finalization of the Section 503 and VETS Regulations

David S. Fortney, Robert O’Hara and Consuela A. Pinto

EMPLOYER WELLNESS PROGRAMS

Relationship of Federal Antidiscrimination Laws to Employer-Sponsored Wellness Programs

Joyce Walker-Jones

Wellness Programs and the Workplace: The Keys to Federal Law Compliance

Ann Fromholz and Calrla Wirtschafter

ADAAA: DARK DESERT HIGHWAY OR SHIMMERING LIGHT

The Americans with Disabilities Act: Rights, Responsibilities and Recent Results

Nancy L. Abell, Leslie L. Abbott, Marc E. Bernstein and Katherine C. Huibonhoa

Disability Estopped: The Intersection between Disability Benefits and Disability Discrimination Claims

Julia Campins

Selected Recent Cases: ADAAA Coverage, Qualified, and Reasonable Accommodation

Jeanne Goldberg

PAY EQUITY: PRACTICE STEPS TO ACHIEVING AND MAINTAINING FAIR PAY PRACTICES AND AVOIDING PAY CLAIMS BY PROTECTED GROUPS 

A Labor Economist’s Perspective

Mary Dunn Baker

Pay Equity:  Practice Steps to Achieving and Maintaining Fair Pay Practices and Avoiding Pay Claims by Protected Groups

Barry Goldstein

The Pay Gap, the Glass Ceiling, and Pay Bias: Moving Forward 50 Years after the Equal Pay Act

Submitted by Gary R. Siniscalco

ETHICS  AND THE FORMATION OF THE ATTORNEY-CLIENT RELATIONSHIP: GOVERNEMENT LAWYERS AND THEIR CLIENTS

Ethical Concerns and Pitfalls During EEOC Systemic Investigations and Litigation

Paul Kehoe

The Formation of the Attorney-Client Relationship: Government Lawyers and Their Clients

Dolores Leal

Ethics and the Formation of the Attorney-Client Relationship: Government Lawyers and their Clients

Alan I. Baron, John Hendrickson, Dolores Y. Leal, & Nora L. Macey

IMMIGRANT WORKERS AND NATIONAL ORIGIN DISCRIMINATION

Immigration Action – the Civil Side of Employing Foreign Nationals

Brian Green, Jonathan A. Grode, and Alex Varghese

National Origin Discrimination: English-Only and Documentation Issues

Todd P. Photopulos, Marsha Chien, and P. David Lopez

Ethics and the Formation of the Attorney-Client Relationship: Government Lawyers and their Clients

Alan I. Baron, John Hendrickson, Dolores Y. Leal, and Nora L. Macey