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Sound Advice

Does Title VII Prohibit Sexual Orientation Discrimination?
A summary of the five primary arguments, pro and con, that the Supreme Court is likely to face if and when it takes up the issue of Title VII coverage of sexual orientation discrimination. (12:12 min.)

ADA: Reasonable Accommodation Request
Kara I. Smith discusses the background, reasons, trends, and recent developments of feasible accommodations under the Americans with Disabilities Act as amended. (13:59 min.)

E-Discovery: Proportionality or Limitations on Discovery with Respect to ESI
John Stock discusses changes in ESI rules and how to get the best results for your clients. (14:30 min.)

8 Key Issues in Employment Settlement Agreements
Have you considered how the settlement will be treated for tax purposes? Eliot Rushovich examines that and other considerations that will benefit your client. (11:42 min.)

2015 Amendments to the Rules of Federal Procedure
Jennifer Phillips discusses some of the significant rule changes with a focus on changes to the federal discovery rules. (9:02 min.)

30(b)(6) Depositions
Litigators Walt Auvil and Eric Kinder explain why a plaintiff would use a 30(b)(6) deposition, how to take it on effectively, and what corporate counsel must do to prepare for and defend the deposition. (8:49 min.)

Religious Accommodations in the Workplace - Part I
Religious-discrimination claims have skyrocketed in recent years. Employment-law expert Tamara Jones examines many of the latest developments in “failure to accommodate” claims under Title VII. (12:33 min.)

Religious Accommodations in the Workplace - Part II
Religious-discrimination claims have skyrocketed in recent years. Employment-law expert Tamara Jones examines many of the latest developments in “failure to accommodate” claims under Title VII. (8:44 min.)

Evidentiary Impact of EEOC Reasonable-Cause Determinations on Employment-Discrimination Cases
Kevin O'Connor discusses whether determinations of probable cause are admissible in court, and whether they preclude the employer from later obtaining summary judgment. (8:32 min.)

Pitfalls of the Fair Labor Standards Act for Law Firms
Labor laws can be complex, even for law firms. Long-time labor and employment attorney Mike Pierro explains the general requirements for law firms as well as some common compliance mistakes. (10:55 min.)

10 Tips for Securing Summary Judgment—From the Defense Perspective
David Michael outlines steps to take before you move for summary judgment in an employment discrimination case. (5:27 min.)

Transgender Protections Against Employment Discrimination - Part I
Nancy Marcus highlights three recent developments regarding transgender rights that may impact employment discrimination cases across the country. (10:10 min.)

Transgender Protections Against Employment Discrimination - Part II
Nancy Marcus highlights three recent developments regarding transgender rights that may impact employment discrimination cases across the country. (11:07 min.)

Litigating Front Pay Claims – A Primer
When litigating statutory claims of harassment or discrimination, do you seek reinstatement, front pay, or both? Kevin J. O’Connor outlines the factors that must be considered. (9:57 min.)

Whistleblower Protections
Josh Johanningmeier summarizes the new OSHA rules regarding whistleblowers. (07:45 min.)

Roundtables

Remotely Interested . . . Still. How Employers Are Handling the Post-Pandemic Workforce
The Women in Labor and Employment (WILE) Subcommittee is excited to host a virtual Roundtable on how remote employment continues to impact the workplace. Our panel of experts from in-house and private practice discusses how remote and hybrid work factor into employment relations more than ever. (1:00:18 hr.)

2019 Wage & Hour Update
Join a panel of distinguished employment law experts discussing current trends on the wage and hour landscape, including “no ask” statutes, pay equity, unpaid interns, and misclassification of independent contractors. This timely presentation will include a question-and-answer period, advice on best practices for employers facing these tough issues, as well as litigation tips from both sides of the aisle. (59:56 min.)

Rizo v. Yovino and the Practical Effects on the Gender Pay Gap
According to the Ninth Circuit Court of Appeals, employers can no longer use an employee's prior salary, alone or in combination with other factors, to justify payment of a lower wage when determining starting salary. To hold otherwise, the court concluded, would be contrary to the Equal Pay Act (EPA). The Rizo v. Yovino decision, handed down April 9, 2018, has already been cited by courts in other states, and reflects continued progress toward eliminating systems that can perpetuate the gender pay gap. Some states and municipalities are following suit with the passage of “no ask” statutes and regulations.

Join us as we explore the gender pay gap, the Rizo decision, a possible Supreme Court showdown, and other related statutes and precedent, all with a focus on developing practical advice and recommendations for employers striving to remain compliant and reduce risk in an increasingly aggressive employment landscape. (35:06 min.)

Pay Equity: Legal Developments and Practical Steps
This Roundtable focuses on the latest legislative and legal pay equity developments, as well as practical advice for employers who are increasingly required to address questions about pay equity from plaintiffs, employees, shareholders, regulatory agencies, and the public. (67:33 min.)

What’s Next in Class Actions
A discussion exploring how recent and upcoming Supreme Court rulings change the class action landscape this year and beyond. Among the topics discussed are: the pending case before the Supreme Court on arbitration agreements and class action waivers; settlement offer language; opt-out litigation; how Spokeo is impacting cases, and more. (63:04 min.)

Wage & Hour 2018 Update: Hot Topics and Where We Are Headed
Among the topics to be discussed are misclassification issues and the potential changes to the White Collar exemption regulations; trends in wage & hour law for start-ups and small businesses; and more. (50:24 min.)

Data Privacy and Protection: What Litigators Need to Know When Gathering, Handling and Producing Sensitive Data
Have you ever wondered the risk involved when dealing with data produced during discovery or what the best practices were for when you, the litigator, needs to handle sensitive data that your clients maintain in their data warehouses? Have you ever needed to handle data from companies that use "Bring Your Own Device" setups and the sensitive data that may be included on employees’ personal devices? Have you ever wondered how extrajudicial discovery can impact your discovery and the steps you may need to take to secure this data? (58:07 min.)

The Use of Social Media in Hiring and Firing Decisions
"To use it or not to use it?" This seems to be the question when an employer is tempted to rely on Facebook, Twitter, and other social media in its hiring and firing decisions. What kinds of liability can an employer face when using social media in a hiring decision? Conversely, can a company face litigation by refusing to fire an employee for his or her offensive tweets and posts? Love it or hate it, your clients certainly cannot ignore the constant presence of social media. Join our panel as we discuss the ever-changing role of social media in workplace decisions. (60:01 min.)

_Disclaimer:

_{The information on “Sound Advice” is for discussion purposes only and does not reflect the opinions of the ABA. The information is not legal advice nor a substitute for legal counsel.}