2019 ABA Annual Meeting
Section of Labor and Employment Law
August 9-10, 2019
San Francisco, California
The Section is pleased to sponsor three MCLE programs during the ABA Annual Meeting. These programs are presented as a service to our members and additional tickets beyond Annual Meeting Registration is not required. Section events will take place at the Westin St. Francis Hotel.
Schedule of Events
Friday, August 9
8:30 – 10:00 a.m.
Strategies for Litigating Workplace Sexual Harassment and Assault Cases in the Post-#MeToo Era
Litigating Sexual Harassment Cases in the Era of the #MeToo Movement
Steven Moore, Stephanie Padilla, and Blanca Banuelos
#MeToo has caused a major shift in how the American public views sexual harassment and sexual assault. While attorneys are required to be zealous advocates for their clients, aggressive litigation of these cases poses potential landmines to counsel and their clients. Are scorched earth discovery tactics appropriate in these cases? Should deposition tactics be changed for plaintiffs and other witnesses who may be suffering from trauma? This program will use scenarios from employment cases to discuss what counsel should and should not do in cases involving allegations of sexual harassment and assault.
Blanca Banuelos, California Rural Legal Assistance
Steven W. Moore, Constangy Brooks Smith & Prophete LLP
Stephanie Padilla, Johns Manville
10:00 – 11:15 a.m.
Artificial Intelligence, Technology, and Employment Law
The Impact of AI, Digitization and Robotics in the International Workplace
Richard Bales, Rubén Agote, Javier Castellanos, Els de Wind & André Zimmermann
Big Data, machine learning, algorithms and artificial intelligence are increasingly being incorporated into Human Resources tools used for sourcing, recruiting, hiring, and performance management. Companies also are using these tools to enhance employee experience, improve efficiencies, and increase transparency for managers. Yet while these tools promise to reduce the burdens on management and potentially improve results and mitigate bias, they also bring their own risks, particularly in the form of disparate impact from potentially incorporating discriminatory data and/or homophily effects into the underlying HR and management systems, as well as from machines that may “learn” the very biases they aim to reduce. To adequately assess the suitability of these high-tech tools, this panel will begin by addressing how they work, and will then address their potential risks and rewards, as well as the legal and practical implications they pose.
11:30 a.m. – 12:45 p.m.
The Hand That Rocks the Cradle: Caregiver and Family Responsibility Discrimination
- An Introduction to Caregiver Claims
Rebecca Peterson-Fisher & Jennifer Liu
- EEOC Materials
- Article 11 – Leaves
- Section 15-16 – Catastrophic Leave Bank
- Section 32 – Mileage
As men and women in the workforce increasingly assume caregiving responsibilities for children and aging parents, caregiver/family responsibility discrimination lawsuits have increased by over 200% in the last decade. While caregiver status is not a protected class, plaintiffs have forged a number of strategies for challenging discrimination against caregivers, including sex stereotyping claims, family and medical leave claims, associational disability discrimination claims, and sick leave claims. This panel will address what both employers and employees alike need to know about caregiver discrimination.
Rebecca Peterson-Fisher, The Liu Law Firm, P.C.
Sarah Sandford-Smith, Beeson Tayer & Bodine
Alexandra Stathopoulos, Orrick, Herrington & Sutcliffe LLP
Roberta Steele, U.S. Equal Employment Opportunity Commission
2:15 – 5:00 p.m.
Saturday, August 10
4:00 – 4:30 p.m.
Section Business Meeting and Election
Elizabethan A Room
To register for the meeting, visit the ABA Website.