Understanding Employment Discrimination Expanded Laws and Emerging Issues
Changes to and evolving interpretations of current workplace discrimination laws have led to increased litigation over new forms of discrimination based on sex, disability, retaliation and more.
Do your policies, procedures and staff training reflect these changes?
Attend the Winter Law Conference to learn about the legal and practical implications of recent developments, and how to avoid costly preventable litigation.
WHO SHOULD ATTEND?
School board members
Building Administrators
School Attorneys
Superintendents
Human Resources Personnel
WHY ATTEND?
Review the legal requirements that enforce the prohibition against employment discrimination.
Explore the challenges that enhanced sex discrimination protections pose for districts.
Delve into emerging issues related to reasonable accommodations for disabled staff and the use of genetic medical information.
Better understand the rules that apply to retaliation discrimination claims.
Find out how to better respond to allegations and/or evidence of employment discrimination.
Date & Locations
December 11, 2012 - Albany The Desmond 660 Albany Shaker Road Albany, NY 12211 518-869-8100 www.desmondhotels.com
December 13, 2012 - Rochester Marriott Rochester Airport 1890 Ridge Road West Rochester, NY 14615 585-225-6880 www.rochestermarriotthotels.com
January 10, 2013 - Ronkonkoma Courtyard by Marriott Long Island 5000 Express Drive South Ronkonkoma, NY 11779 631-612-5000 www.courtyard.com
Application for 6 CLE Credits Pending
6 CLE CREDITS
New York State Continuing Legal Education (CLE) credits: Application for accreditation for this course or program in New York State is currently pending. If approved, this program may be eligible for 6 CLE credit hours in professional practice.
Important Notice: Partial credit for program segments is not allowed. Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot receive MCLE credit for a program segment unless they are present for the entire segment. Persons who arrive late, depart early, or are absent for any portion of the segment will not receive credit for that segment.
Tuition Assistance: Application for tuition assistance to attend this program may be made based on financial hardship. Under that policy, an applicant who has a genuine financial hardship may apply in writing not later than five working days prior to the program, explaining the basis of his/her hardship, and, if approved, may receive tuition assistance, depending upon the circumstances.
For more details, please contact Jay Worona, New York State School Boards Association, at 800-342-3360 or by email at jay.worona@nyssba.org.
Cost: $240 Members | $480 Nonmembers
Course fee includes resource materials, continental breakfast, lunch and a non-refundable $50 administrative fee. Cancellations will not be refunded after the pre-registration/cancellation deadline. No-shows will be billed.
Program Agenda
8:00 - 9:00 a.m.
Registration/Continental Breakfast
9:00 - 9:15 a.m.
Introduction
ALL LOCATIONS
JAY WORONA, General Counsel, New York State School Boards Association
9:15 - 10:15 a.m.
Employment Discrimination - Navigating the Legal Maze Review the requirements of the various federal and state laws and constitutional provisions that govern a school district’s obligation to prevent and rectify workplace discrimination. Gain a better understanding of school district rights and responsibilities, and what school boards and staff can do to avoid liability.
ALBANY
STEVEN M. LATINO, Partner, Shaw, Perelson, May & Lambert, LLP
ROCHESTER
LYNDA VANCOSKE, Labor Relations Administrator, Monroe 2-Orleans BOCES
RONKONKOMA
LAWRENCE J. TENENBAUM, Partner, Jaspan Schlesinger, LLP
10:15 - 10:30 a.m.
Break
10:30 - 11:30 a.m.
Sex Discrimination - New Challenges Protections against sex discrimination now extend to gender-related issues that go beyond a person’s biological sex, including cross-dressing, transgender transitions, and accommodations for breastfeeding mothers. Explore the challenges that the expansion of employee rights in this area pose for school districts and possible permissible responses.
ALBANY
STEPHANIE M. ROEBUCK, Partner, Keane & Beane, P.C.
ROCHESTER
MICHAEL L. DODD, Partner, Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C.
RONKONKOMA
FLORENCE T. FRAZER, Partner, Frazer & Feldman, LLP
11:30 a.m. - 12:30 p.m.
Disability Accommodations and Genetic Information Data - New Obligations and Prohibitions The revised Americans with Disabilities Act imposed new obligations for the reasonable accommodation of staff disabilities. The Genetic Information Non-Discrimination Act prohibits discrimination based on genetic medical data. Delve into emerging issues related to the enforcement of both acts and whether your district is adequately prepared to address them.
ALBANY
KATHY A. AHEARN, Partner, Guercio & Guercio, LLP
ROCHESTER
EDWARD TREVVETT, Partner, Harris Beach, PLLC
RONKONKOMA
RICHARD J. GUERCIO, Partner, Guercio & Guercio, LLP and CHRISTOPHER J. CLAYTON, Partner, Ingerman Smith, LLP
12:30 - 1:30 p.m.
Lunch
1:30 - 2:30 p.m.
Retaliation - Not as Simple as It Sounds Anti-discrimination laws prevent districts from taking adverse employment action against employees who participate in protected activity or oppose unlawful employment practices. Learn how courts have both expanded and limited the reach of this protection. Explore what can be deemed an adverse employment action.
ALBANY
BETH A. BOURASSA, Partner, Whiteman Osterman & Hanna LLP
ROCHESTER
RONALD J. MENDRICK, Partner, Harter Secrest & Emery, LLP
RONKONKOMA
RICHARD ZUCKERMAN, Partner, Lamb & Barnosky, LLP and THOMAS M. VOLZ, Law Offices of Thomas M. Volz, PLLC
2:30 - 3:30 p.m.
Employment Discrimination Claims - Responding to Allegations and Defending Against Charges What can districts do better in response to allegations or evidence of workplace discrimination? When should you use an out-of-district investigator? How can unbiased school officials be held liable for the unlawful acts of others? Find out the answer to these and other questions to better avoid exposure to liability.
ALBANY
JAMES E. GIRVIN, Partner, Girvin & Ferlazzo, P.C.
ROCHESTER
JEFFREY F. SWIATEK, Partner, Hodgson Russ, LLP
RONKONKOMA
TERENCE M. O’NEIL, Partner, Bond, Schoeneck & King, PLLC
New York State School Boards Association | 24 Century Hill Drive, Suite 200 | Latham, New York 12110-2125 (518) 783-0200 phone | (518) 783-0211 fax | info@nyssba.org