CLE SEMINAR
SEMINAR: Wednesday, April 29, 2015 I Madison WEBCAST: Wednesday, April 29, 2015
LIVE REPLAY
WEBCAST: Wednesday, May 13, 2015 WEBCAST: Friday, May 22, 2015 WEBCAST: Wednesday, June 3, 2015 WEBCAST: Thursday, June 18, 2015
CLE CREDITS
Rethinking Employment Discrimination
8
Rethinking Employment Discrimination
8 CLE LIVE SEMINAR: April 29, 2015 | Madison LIVE WEBCAST: April 29, 2015 WEBCAST REPLAY: May 13, 2015 May 22, 2015 June 3, 2015 June 18, 2015
Don’t lose out on gaining winning skills It takes more than knowing substantive law to win an employment discrimination case. At this dynamic seminar, you’ll get practical advice from litigators with experience representing both plaintiff-employees and defendant-employers. A hypothetical discrimination case will also be used to guide panel discussions by plaintiff’s attorneys, defense attorneys, and special guests from the Department of Workforce Development. In addition, hot topics like gender identity issues make this a can’t-miss opportunity to gain winning skills.
Get real skills and insight for pre-trial and trial The seminar will equip you with practical skills to prepare an employment discrimination case, survive summary judgment, and prevail at trial. You’ll learn: l Effective client intake and issue spotting l Setting forth the most credible claim or defense l Investigating discrimination claims l How to establish or rebut a prima facie case l Frameworks for case analysis and the burden of proof l Choosing the best forum for your client’s case l Strategies for voir dire in state and federal court l The impact of certain employer policies on defending the case l Settling cases and ethically handling attorney’s fees
Stay current on hot topics
Every day brings new headlines that impact employment law. To help you navigate these trickier substantive areas, the afternoon focuses on tough questions like: l Why do plaintiffs have so much difficulty winning ADA cases and who qualifies for l
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protection? Does the Supreme Court’s decision in Hobby Lobby mean an employer can discriminate freely on religious bases if owners have strongly held spiritual beliefs? To prevent discrimination against transgender employees, will you need to train other
employees to use the right pronouns and the same bathroom? l How can employers avoid discrimination against protected classes when looking into an employee’s criminal or credit background? l What’s the best way to plead a claim when a client possesses more than one protected characteristic or belongs to multiple protected classes? If you believe employment discrimination cases are unwinnable, think again. Attend this seminar to learn just how winnable they can be. Register now!
Who should attend:
Employment law attorneys
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Labor law attorneys
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Civil rights attorneys
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Litigation attorneys
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Human resources managers and professionals
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How you’ll benefit: Get advice from experienced litigators and candid insight from a retired ALJ on
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the practicalities of employment discrimination cases From selecting to trying, get fundamentals and winning strategies for
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employment discrimination cases Understand who qualifies for protection under the ADA Amendments Act and
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what accommodations might be necessary Learn how an employer can avoid discrimination against transgender
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individuals in the workplace with specific tips on dress codes, restroom issues, and more From birth control to hijabs, hear about new developments and strategies for
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handling religious discrimination claims Know the right way to handle employee criminal and background checks l Be able to identify and plead hybrid or intersectional discrimination claims l
Save 20% on Wisconsin Employment Law Act now to expand your resource library with Wisconsin Employment Law and save 20%! Use promotional code S3127D if ordering online or mention it to customer service if you call in your order. This discount applies to print and Books UnBound editions.* This comprehensive treatment of private-sector, nonunion employment in Wisconsin covers all the essentials, as well as thorough discussions of rapidly evolving issues, from the employer’s and employee’s perspectives. It is also packed with supplemental tools like sample forms, notices, comparative tables, updated wage and benefit information, and Department of Workforce Development policies. Print Book: #AK0046; 1814+ pp.; 5th ed., 2013; 3 Volumes (Includes 2013-14 supplement) Member: $219 $175.20 | Nonmember: $269 $215.20 Books UnBound™ Subscription: # AE0046 Member: $149 $119.20 | Nonmember: $189 $151.20 * Discount expires on July 18, 2015 and cannot be applied to previous purchases. For Books UnBound users, discount may be applied to purchase of individual Books UnBound title only and may not be used on purchase of full library.
Schedule 8:00 am
Faculty Damages Thoughts on fee shifting
Registration
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3:15 pm
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8:30 am
Common Legal Frameworks in Employment Discrimination Cases
Basics of disparate treatment, disparate impact, and sexual harassment claims l Introduction to a hypothetical fact pattern to guide discussion and illustrate points that will be covered throughout the morning Robert J. Kasieta
Moderator: Tricia L. Knight Deborah Little Cohn, John E. Murrary, Sandra Graf Radtke
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9:00 am
Litigating ADA Claims
How has the ADA Amendments Act changed who is disabled? l How do those changes affect the substantive issues in ADA cases? n Failure to accommodate n Medical examinations John E. Murray l
Selecting and Preparing the Case
Intake and issue spotting Presenting meaningful pleadings l Investigating the claim l Surviving summary judgment l The prima facie case Moderator: Robert J. Kasieta Stephanie M. Brown, Amy O. Bruchs, Aaron N. Halstead
Employers’ conflicting legal duties on how to handle employee criminal records l Current state of Wisconsin and federal law regarding what employers must, should, and must not do in gathering and using information regarding arrest and conviction records for employees and applicants l Practical steps businesses can take to meet their conflicting duties l Policy issues involved in assessing employee criminal records l Some possible solutions Eric H. Rumbaugh l
12:00 pm Lunch (on your own) 1:00 pm
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1:40 pm
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10:30 am Break 10:45 am Presentation at Trial
Choice of forum: With so many avenues to bring a discrimination claim (including various state and federal laws), where do you begin? l ERD hearings vs. going to trial: What’s the difference? l Know when to settle: Explore the settlement decisionmaking process, including ethical issues attorneys will face regarding attorney’s fees l Theming problems: The differences between employment and other cases l Voir dire: Selection issues in state and federal court
Understanding Gender Identity Issues in the Workplace
Trends in anti-discrimination law l What is the appropriate framework to use when addressing gender identity issues? l Using appropriate names and pronouns l Dress codes l Privacy concerns l Employee restroom issues James J. Chiolino
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2:20 pm
Break
2:35 pm
The Intersection of Religion and the Workplace
Recent developments in religious discrimination law l Implications of Hobby Lobby: Do employers have a right to discriminate based on their own religious beliefs? l Accommodations: What is an employer required to do? Rebecca L. Salawdeh
4:05 pm
Intersectionality or Hybrid Claims
The theory of intersectionality: What happens in the face of evidence of discrimination occurring based on more than one of the employee’s protected characteristics? l How does this change your pleadings or defenses? l How successful have these types of claims been in the courts and which combinations of protected characteristics are more (or less) likely to prevail on an intersectionality theory? l Should the various issues be kept separate in legal analysis even where a possible intersectionality claim exists? Tricia L. Knight l
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Following program start time, webcast replay schedule will vary slightly from above listed times.
Dealing With Arrest and Conviction Records In the Workplace: Are We Locking Ourselves Up when It Doesn’t Need to Be This Way?
4:45 pm
Program Concludes
Program Chair & Presenter Robert J. Kasieta Kasieta Legal Group LLC Madison
Presenters Stephanie M. Brown Wisconsin Department of Workforce Development – Equal Rights Division Milwaukee Amy O. Bruchs Michael Best & Friedrich LLP Madison James J. Chiolino Wisconsin Department of Workforce Development – Equal Rights Division Madison Deborah Little Cohn Formerly of the Wisconsin Department of Workforce Development – Equal Rights Division Madison Aaron N. Halstead Hawks Quindel S.C. Madison Tricia L. Knight Attorney at Law Tricia L. Knight Milwaukee John E. Murray Lindner & Marsack S.C. Milwaukee Sandra Graf Radtke Gillick, Wicht, Gillick & Graf Milwaukee Eric H. Rumbaugh Michael Best & Friedrich LLP Milwaukee
Rebecca L. Salawdeh Salawdeh Law Office LLC Milwaukee
Location
Rethinking Employment Discrimination SEMINAR TUITION
Live Seminar
l State Bar Member
Madison, State Bar Center
5302 Eastpark Blvd., American Center, (608) 257-3838
Credits This program has been submitted to the Wisconsin Board of Bar Examiners for up to 8.0 CLE credits. It does not qualify for EPR credit. The live and live webcast seminars on April 29, 2015 will also be submitted for Minnesota CLE credits.
Registration Online: www.wisbar.org/seminars » credit card or Ultimate Pass only Phone: (800) 728-7788 » credit card or Ultimate Pass only Fax:
(608) 257-5502 » credit card or Ultimate Pass only
Mail:
tate Bar PINNACLE Registrations S P.O. Box 7158, Madison, WI 53707-7158 check, credit card, Passbook, or Ultimate Pass
STATE BAR CLE/PINNACLE PASSBOOK REGISTRATIONS: Passbook Certificates must be received by the State Bar at least one business day prior to the event. For live and video seminars, walk-in registrations with the Passbook Certificates are welcome. REGISTRATION CANCELLATIONS: Please visit www.wisbar.org/cancellation_policy for information on PINNACLE registration cancellation policies.
l Nonmember
l Ultimate Pass Subscriber
LIVE SEMINAR: With PRINTED Course Materials
Priority Code: S 3 1 2 7 B
LIVE SEMINAR: WEBCAST SEMINAR: With Downloadable With Downloadable (PDF) Course Materials (PDF) Course Materials
l $239
l $269
l $219
l $249
l $0
l $0
l $249
l $20
l Passbook Certificate User l $20 + 1 Certificate
l $279
l 1 Certificate
l 1 Certificate
Seminar Date/Location:
Live Seminar: Wednesday, April 29, 2015 – Madison Live Webcast: Wednesday, April 29, 2015 Webcast Replay: Wednesday, May 13, 2015 Webcast Replay: Friday, May 22, 2015 Webcast Replay: Wednesday, June 3, 2015 Webcast Replay: Thursday, June 18, 2015 l Lawyer
State Bar Member No.___________________________________________________________
l Nonlawyer
Profession____________________________________________________________________
Name_________________________________________________________________________________________ Firm Name_____________________________________________________________________________________ Address_______________________________________________________________________________________ City/State/Zip___________________________________________________________________________________ Phone Number_________________________________________________________________________________ Email_________________________________________________________________________________________ Payment: Tuition Amount Enclosed $__________
l State Bar Passbook Certificate (enter certificate number) #_______________________ l Check enclosed (payable to State Bar PINNACLE) l Ultimate Pass Gold Subscriber
Course materials for those attending the seminar
Course materials are provided to seminar attendees in PDF format and are downloadable from myStateBar on WisBar.org up to four days prior to and 90 days after your seminar. The PDF format is ideal for creating an electronic library that is easily stored, searched, and shared. Use a program like Adobe Reader or GoodReader for iPad to access the files from your computer, tablet, or mobile device during the seminar to make notes electronically, or print relevant sections ahead of time. For live seminar attendees who prefer to receive course materials in printed format, please select the tuition option that includes printed materials for an additional $20. You will also have access to the PDFs to get the benefit of both options.
l Ultimate Pass Silver Subscriber
l VISA l MasterCard l American Express
l Discover
Exp. Date ____________________
Card No.______________________________________________________________________________________ Signature______________________________________________________________________________________ To purchase written course materials for those not attending this program, contact the State Bar at (800) 728-7788. NOTICE: By attending this State Bar event, you understand and agree that you may be photographed and/or electronically recorded during the event and you hereby grant to the State Bar the right to use and distribute your name and likeness for promotional or educational purposes without monetary compensation. The State Bar assumes no liability for such use.
Mail to: State Bar PINNACLE Registrations
P.O. Box 7158 Madison, WI 53707-7158
Event Code: C A 2275M W R R2 R3 R4
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