February 25, 2021

2016 Conference Papers

Materials presented at the 2016 National Conference on Equal Opportunity Employment Law. Documents will open into separate windows.

Portfolio of all materials save Big Data, (PDF, 22MB, rev 3-31-16)

Big Data Powerpoint, (PDF, 35MB)


Routine Facts, New Theories: Discrimination Law in an Age of Legal Innovation

Part I: The Early Years Focused on Race and Sex Discrimination

Cathy Ventrell-Monsees
Hon. Victoria A. Lipnic
Willie King
William L. Robinson

Part II: Legal Innovations from the 1980s to the Present

Jocelyn Hunter
Hon. Charlotte A. Burrows
Jocelyn Frye
Donald R. Livingston

Part III: The Future of Discrimination Law and the Changing Workplace

The Future of Discrimination Law and the Changing Workplace: Some Observations
Gary Siniscalco and Barry Goldstein

Flight Attendent Commission Decisions

Rethinking Discrimination Law | The Tort Label
Sandra F. Sperino

Significant EEO Cases

Employment Discrimination Law Update
Paul Grossman

Statistical Sampling Evidence Might, or Might Not, Be Admissible in Class Actions, U.S. Supreme Court Holds

Neal Mollen & Stephanie Handon

Government Plenary

Powerpoint (revised 3-29)
Karen M. Buesing, Rachel Geman, Hon. P. David Lopez, Hon. M. Patricia Smith and Justin Levitt

21st Century Science Meets 20th Century Rules: Can Employers Make Effective Use of Big Data that Complies with UGESP?

Big Data Powerpoint (large file)
Tim Wong and Kathleen Lundquist

The Brave New World of Computer-Automated Hiring
Heather Morgan and Zina Deldar


Deep Diving Pay Equity
A New Horizon for Pay Equity Claims - The Equal Pay Act in the 21st Century
Nancy E. Rafuse

Employment Laws in the New Sharing Economy: Square Pegs in Round Holes?

The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors

The DOL's New Interpretation of the Independent Contractor Classification Test: What Should Emplyers Do?
R.J. Hendricks

Independent Contractors in the Sharing Economy: The Same Old Song
Michael Manley

Employment Laws in the New Sharing Economy: Square Pegs in Round Holes?
Anke Kuhn and Gerlind Wisskirchen

Immigrant Workers: Harassment and Retaliation in the Workplace

Recent Title VII Retaliation Case Law
Monica Guizar and Stephanie Delgado

California’s Recently Enacted Anti-Retaliation Laws Aimed at Protecting Immigrant Workers (rev 3-31-16)
Monica Guizar

Additional Resources

Brainstorming Best Practices in Pay Equity

Brief of National Women's Law Center, the Leadership Conference on Civil and Human Rights, the Human Rights Campaign, and 70 Additional Organizations Committed to Civil Rights and Economic Opportunity as Amici Curiae in Support of Respondents in Rebecca Friedrichs, et al. v California Teachers Association
Lauri A. Damrell, Wendy L. Kahn and Jahan Sagafi

The Pay Gap, the Glass Ceiling, and Pay Bias: Moving Forward Fifty Years after the Equal Pay Act
Lauri A. Damrell and Jessica James

Women Lawyers Continue to Lag Behind Male Colleagues
Lauren Stiller Rikleen

McDonnell Douglas v. Green Burden Shifting—Is It What It Used to Be and If not, What Is It?

McDonnell Douglas v. Green Burden Shifting: Is It What It Used to Be? And if Not, What Is It?
Michael Reiss and Ryan Hess

McDonnell Douglas-Burdine: Alter or Abolish?
Michael Subit

A Short Survey of Fifth Circuit Cases (as of March 2016) Citing the Supreme Court's March, 2015 Decision in Young v United Parcel Service
Glenda Pittman


Post-Dukes, Are Disparate Impact Claims the Next Wave of EEO Class Actions?

Post-Dukes, Are Disparate Impact Claims the Next Wave of EEO Class Actions?
Kenneth M. Willner and Emily Batt

Class Action Wave Report: 2016
Katherine Kimpel

Class Actions After Dukes
Ken Willner

Marijuana: Budding Problems?

A Collaborative Reference Guide | Powerpoint
Mark W. Berry, Jillian M. Cutler, Danielle Lucido and Monique Tuttle

Supreme Court Review

Employment-Related Cases in the 2015-2016 Term
Eric Dreiband, Richard George McCracken, Paul Mollica and Hyland Hunt

EEOC Regional Attorney Panel: EEOC Litigation and Enforcement Activities

EEOC Regional Attorney Panel: EEOC Litigation and Enforcement Powerpoint
Kelly M. Dermody, Barry A. Hartstein, Robert Canino, Mary Jo O’Neill and Anna Park

Review of Key EEOC Developments: Successes and Failures in FY 2015 and What to Watch for in FY 2016
Barry A. Hartstein

Modern Family: Keeping Up with Accommodations for Religious, Caregiver, and Transgender Employees

Religious Accommodations

Religious Accommodation: Selected Topics
Carolyn Wheeler

Transgender Accommodations

USDOL: Advancing LGBT Workplace Rights
Barbara D'Aquila

Overview of Transgender Issues in the Workplace
T. Scott Kelly, Nicole M. Walthour and Nonnie L. Shivers

Transgender Sample Policy
Caregiver Accommodations

Caregiver Discrimination and Accommodation:  Plaintiff Strategies
Julia Campins

Caregiver Discrimination: A UK Comparison
Chris Seaton

Modern Family: Joint Labor Management Partnering to Accommodate a Workforce with Family Care Responsibilities
Retu Singla

What Is “Sex”?

Changing Definitions of Sex under Title VII
Lisa J. Banks and Hannah Alejandro

Right Result, Wrong Path? The Meaning and Scope of "Sex" under Title VII
J. Randall Coffey

OFCCP’s Focus on the Finish Line: Unfinished Business or Building a Legacy

OFCCP Focus on the Finish Line: Unfinished Business or Building a Legacy | Appendix
Keir Bickerstaffe, Robert J. O’Hara and David S. Fortney

Ethical Bounds of Trying a Case with Media Attention

Rules of Professional Conduct
Nathan Goldberg

Ethical and Practical Issues When Talking to the Media in High Profile Cases
Jessica Perry