Employment Law Update: Fall 2009
Why Attend?
Feeling a need to be brought up to date on all the recent developments in employment law? Take this tour de force overview and relax. In just two hours, you can become fully informed on:
Supreme Court cases and their implications
Developments under new legislation such as The Lilly Ledbetter Fair Pay Act and the Americans with Disabilities Act Amendments
Discrimination rulings on age, race, sex, national origin, transgender, and pregnancy claims
Class action trends
Hot topics in discovery
What You Will Learn
Every employment attorney needs to stay abreast of the most important developments in this fast-changing field of law. In this semi-annual overview, two pre-eminent practitioners deliver succinct summaries of those key developments in a rapid-fire style that will give you writer’s cramp. The program includes:
Review of Key Supreme Court 2009 Rulings and Pending Cases for the 2010 Term. This review is essential to any employment law practice, and our experts deliver just what your need with their pithy summaries of the key cases. The Court has accepted Jones v. Harris Associates, to decide the standard to assess the reasonableness of the fees that investment advisers charge to mutual funds that they control. Our speakers will review the issues presented and make some prognostications. They will also address any cases added to the docket when the Court convenes in early October.
They will then review the holdings and implications of the Supreme Court decisions of the 2009 Term. Some of these cases have already been cited in other pending matters and the speakers will address their practical implications for Human Resources practices as well as their analytical impact on upcoming cases. The significant opinions from last Term include:
Crawford v. Metropolitan Government of Nashville, holding that there is a retaliation claim for those who participated in an internal investigation but did not themselves make a claim of harassment
Gross v. FBL Financial Services, Inc., which surprised everyone by finding that a mixed-motive case may not be brought under the ADEA
Ricci v. DeStefano, which held that city officials violated white firefighters’ Title VII rights by throwing out the results of two promotional exams because the city feared a disparate impact lawsuit by minorities adversely affected by the exam
AT&T v. Hulteen, which held that the current effects of treatment of pregnant women that was not unlawful at the time is not actionable, despite its impact on current pension payments
14 Penn Plaza LLC v. Pyett, holding that statutory non-discrimination rights may be compelled to be tried in arbitration if the collective bargaining agreement so provides.
Legislative Update. Legislation that has been on the books for some months is beginning to be interpreted by the courts and implemented by the EEOC through regulations and guidance. The speakers will look at cases under the:
The Lilly Ledbetter Fair Pay Act of 2009 and
The ADA Amendments Act of 2008
ADEA and FMLA Developments. The Guidance issued by the EEOC in July2009 – Understanding Waivers of Discrimination Claims in Employee Severance Agreements - has been the subject of much discussion. FMLA regulations are playing a part in case law outcomes. Knowledge of these developments is critical for employers who will face claims and questions about this guidance and these rules
Agency Update. The Chair of the EEOC has been nominated; the head of OFCCP has been identified; new Board members have been appointed to the NLRB. What will all of these personnel changes mean for enforcement and the priorities of the agencies? Hear what they have been saying and what to expect in coming months.
Discrimination Update. Discrimination claims and key developments pertaining to them are addressed, too, with special attention to:
RIF-related lawsuits and claims
Limits on affirmative action and diversity-related activity
National origin discrimination claims
The contours of “protected activity” for retaliation purposes
The new generation of discrimination claims, including family responsibility claims
Class Action Update. Class action and damage issues have special significance for employment attorneys, and this program provides thumbnail overviews of developments in these areas.
Discovery Issues. Discovery in employment cases can make or break a claimant’s case, and our experts review the developments that can affect discovery in your cases, including:
Waiver of attorney-client privilege by claimants who use their employer’s equipment or email system
Handling of discovery subpoenas to plaintiffs’ former and current employers
Privacy issues in the workplace
For a succinct, two-hour overview of all the key employment law developments over the past six months, this is the program you must have. So sign up today, and then be prepared on October 20 for this whirlwind tour of employment law developments.
Faculty
Barbara Berish Brown, Paul, Hastings, Janofsky & Walker LLP, Washington, D.C.
Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC, Washington, D.C.
Program Schedule
TUESDAY, OCTOBER 20, 2009
All Times Eastern Daylight
12:00 noon Employment Law Update
Two prominent practitioners summarize the key developments in employment law during the past six months, including:
Supreme Court Rulings and Implications
Key Developments in Discrimination Litigation
Federal Agency Personnel, Regulations, and Guidance
New Legislation and Cases Interpreting It
Hot Discovery Topics in Employment Litigation
2:00 p.m.Questions and Answers
2:15 p.m. Adjournment
Total 60-minute hours of instruction: 2.25 for 60-minute jurisdictions: 2.7 for 50-minute jurisdictions
Times
12 noon - 2:15 pm Eastern
11 am - 1:15 pm Central
10 am - 12:15 pm Mountain
9 am - 11:15 am Pacific and Arizona
8 am - 10:15 am Alaska
6 am - 8:15 am Hawaii
