Program Description
The Labor & Employment Law Section is pleased to announce our 2011 Brown Bag Lunch Series, Litigating Disability Discrimination Cases. This series of four lunchtime programs will offer participants practical information and advice in an area of law that is often cited as one of the most complex. Beginning with pre-litigation issues and working through litigation issues such as pleadings, discovery and summary judgment, these presentations are useful for those new to disability discrimination and the seasoned disability discrimination attorney alike. The series will cap off with discussions about trials and settlements. Experienced practitioners, including members of the Fair Employment and Housing Commission (the entity tasked with drafting regulations clarifying this area of law), will guide you through all of these intricate issues from both the employee- and employer-advocate perspectives (as well as from the neutral perspective). The written material will include articles, forms, checklists and a draft of the Commission’s proposed regulations. You can attend these seminars in person in San Francisco or by telephone from anywhere you like. You can sign up for one, two, three or all four seminars. Any way you attend, you will get participatory MCLE credits and learn something new that you can put to use right away. Note that the multi-program registration discount does not apply for call-in participation.
TOPICS and DATES
Session 1: Pre-Litigation Issues
Friday, February 25, 2011, 12 noon - 1:30 p.m. Pacific Time.
Perhaps more so than any other area of employment law, disability discrimination hinges on what is done at the work site – before any litigation is filed. The distinguished panel of disability discrimination experts (who represent plaintiffs and defendants, and adjudicate disability discrimination cases) will discuss difficult pre-litigation issues, including what constitutes a disability, whether certain conditions are excluded from the definition of a disability, the nuts-and-bolts of engaging in the interactive process, collecting and analyzing medical documentation, and practical advice on determining whether an accommodation is reasonable and effective. Speakers: David A. Lowe, Rudy, Exelrod, Zieff & Lowe, LLP; Margaret Hart Edwards, Littler Mendelson.
You can now register to attend this program via telephone or in-person.
Session 2: Early Stages of Litigation: Pleadings and Discovery Issues
Thursday, April 14, 2011, 12 noon - 1:30 p.m. Pacific Time.
This discussion will focus primarily on strategic issues at the pleading and discovery stages. Plaintiff and defense attorneys will benefit from hearing this panel of experts discuss issues related to how to appropriately plead (and respond to) allegations of disability (including issues related to ensuring you capture and properly plead all potential causes of action that are ancillary to the disability claim, including failure to engage in the interactive process, failure to reasonably accommodate, and various overlapping laws, including other leave laws). In addition to pleadings, the panel will discuss important issues related to written discovery and depositions (ensuring you ask the right questions and depose the right parties). Speakers: Phil Horowitz, Law Offices of Phil Horowitz; Kristen Garcia Dumont, Wilson Sonsini.
You can now register to attend this program via telephone or in-person.
Session 3: Summary Judgment and Continuing Workplace Obligations
Tuesday, July 19, 2011, 12 noon - 1:30 p.m. Pacific Time.
When should (or shouldn’t) a plaintiff file a motion for summary judgment or summary adjudication? What issues related to the disability claim are most likely (or least likely) to be dismissed on this type of motion? The panel of experienced attorneys will discuss these and many other issues related to these questions. Additionally, these cases often involve plaintiffs who are still employed and therefore involve continuing negotiations about reasonable accommodations (and a continuing obligation to engage in the interactive process). This session will therefore also include issues related to accommodation and undue hardship standards, as well as a brief discussion about overlapping laws (and whether these too should be included in your case).Speakers: Darci Burrell, Dickson Levy Vinick Burrell Hyams LLP; Jamerson C. Allen, Jackson Lewis LLP.
You can now register to attend this program via telephone or in-person.
Sess ion 4: Trials and Settlement Issues
Tuesday, October 11, 2011, 12 noon - 1:30 p.m. Pacific Time.
This discussion will include a detailed exploration of evidentiary standards and burdens of proof (some of which are very unique to disability discrimination law). Additionally, the panel will discuss how to try issues related not only to the allegation of discrimination itself, but also the very unique aspects of litigating allegations of failure to engage in the interactive process and failure to provide a reasonable and effective accommodation. The panel of experts will also discuss issues related to mediation and will explore ways in which to select an appropriate jury for your case. Speakers: Kathy Dickson, Dickson Levy Vinick Burrell Hyams LLP; Lynne C. Hermle, Orrick Herrington.
You can now register to attend this program via telephone or in-person.
Essential Information
Register Online
You can now REGISTER ONLINE to attend this program in-person or see below for teleseminar registration
-OR-
Register to attend via telephone:
Friday, February 25, 201 - Pre-Litigation Issues
Thursday, April 14, 2011 - Early Stages of Litigation: Pleadings and Discovery Issues
Tuesday, July 19, 2011 - Summary Judgment and Continuing Workplace Obligations
Tuesday, October 11 - Trials and Settlement Issues
Printable Brochure
For your convenience, we have provided a printable version of the program brochure.
Registration Fees
- If you purchase 1 program:
Section Members: $50; Non-Section Members: $65
- If you purchase 2-3 programs:
Section Members: $40 per program; Non-Section Members: $55 per program
- If you purchase all 4 programs:
Section Members: $30 per program; Non-Section Members: $45 per program
Register by Mail or Fax
To register by mail or fax, print and complete the Mail/Fax Registration Form and return it with payment to the State Bar of California.
MAIL TO: Program Registrations, State Bar of California, 180 Howard St., San Francisco, CA 94105; OR
FAX TO: Program Registrations at 415-538-2368. In order to fax your registration, credit card information is MANDATORY.
Cancellations / Refunds
Cancellations and requests for refunds must be received in writing by 7 working days prior to the programs for which you have registered. Substitutions are NOT allowed. ON-SITE REGISTRATION is limited and subject to availability.
Questions
For information regarding the program please call (415) 538-2590. For program registration questions call (415) 538-2508
MCLE
The State Bar of California Section Education & Meeting Services is a State Bar of California approved provider.
Special Assistance
Please call 415-538-2549.
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