Spotlight on Employment Law: Cutting Edge Issues in Litigation

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Thursday, June 8, 2006
Registration: 3:45 p.m. - 4:00 p.m.
Program: 4:00 p.m. - 7:00 p.m.

Sponsored by BBA Labor & Employment Section, in conjunction with the Massachusetts Lesbian & Gay Bar Association.

This timely program will explore critical topics in employment law beginning to surface around the nation. It will address cutting edges issues currently the subject of widespread litigation, and provide you with skills and substantive knowledge to help you best advise your clients (both employees and employers).

Moderator:

Ilene Robinson Sunshine, Esq.
Sullivan & Worcester LLP

I. TRANSGENDER, GENDER IDENTITY AND GENDER EXPRESSION ISSUES

The increase of transgendered individuals in the workplace has spawned a host of legal and organizational issues.

Advising employers and employees on their rights and obligations in this area requires a keen awareness of a broad range of issues never faced before in the workplace, including:

• Meaning of terms: transsexual, transgendered, intersexed, gender identity and gender expression;
• Law applicable to transgendered employees: federal, state and local;
• Best employment practices, including: company records, benefits, standards, reasonable accommodations, planning and confidentiality;

Panel:

Our speaker has over 20 years of experience as a labor and employment lawyer and happens to be multi-gendered. She will address the legal, policy and personal issues in connection with this topic.

II. LIFESTYLE DISCRIMINATION

This segment of the program will examine the growing trend of employers asking about and/or seeking to exclude from employment individuals who engage in certain “undesirable” activities outside the workplace.

Our panel discussion will focus on various “lifestyle” issues that can affect workplace productivity and employer benefit costs.

Specific topics will include:

• Obesity;
• Smoking: personal habits, company policies;
• “Blogs” unflattering to management or co-workers; and
• Genetic testing.
  

Panel:

Andrew C. Pickett, Esq.
Jackson Lewis LLP

Patricia A. Washienko, Esq.
Law Offices of Patricia A. Washienko

III. LITIGATION UNDER NEW USERRA REGULATIONS

Extended military involvement in the Middle East has brought a new focus on the rights of the increasing number of employees taking military leaves of absence.

This segment will explore the new regulations promulgated under the Uniformed Services Employment and Reemployment Rights Act (USERRA), with special emphasis on the following practical issues:

• How to bring a case of unlawful discrimination under USERRA;
• How the USERRA antidiscrimination provisions compare with their c.151B counterparts; and
• Overview of other aspects of USERRA

Panel:

David C. Henderson, Esq.
Nutter McClennen & Fish LLP

Anne Josephson, Esq.
Kotin, Crabtree & Strong, LLP

Program Prices

$115 - BBA & MLGBA Member
$145 - Non-Members
$80 - BBA & MLGBA Member New Lawyer (admitted after 6/2004)
$60 - BBA & MLGBA Legal Services/Government Lawyer