Audio Only, April 8, 2009
Audio Only, April 15, 2009
Lilly Ledbetter Fair Pay Act A live, interactive 2 hour teleconference.
Wednesday, April 8, 2009
Wednesday, April 15, 2009
The federal "Lilly Ledbetter Fair Pay Act" amendment to Title VII of the 1964 Civil Rights Act and three other specifically enumerated federal statutes (ADEA/ADA/Rehabilitation Act) have now opened "Pandora's Box" as to compensation discrimination cases. In the past two months alone, no fewer than 6 courts, including a Federal Court of Appeals, 4 Federal District Courts and a New York state court have already applied the Lilly Ledbetter Act amendments to their pending compensation discrimination cases. In three of these cases, the courts revived pay claims the Court concluded would otherwise have been dismissed the week before President Obama signed the Ledbetter Act into law. And, remarkably, several of these courts acted on their own volition to address the Ledbetter Act, including some with no briefing from the parties. Already, the federal judiciary is showing remarkable zest for the revitalized Title VII.
- 1:00 - 3:00 PM (Eastern)
- 12:00 - 2:00 PM (Central)
- 11:00 AM 1:00 PM (Mountain)
- 10:00 AM 12:00 Noon (Pacific)
The focus of this 2 hour teleconference will be to discuss the impact on employers and what companies should now do to minimize the risk of liability for compensation discrimination which occurred long in the past. We will answer these and other questions:
Can Plaintiffs in 2009 really go as far back as 1964 to raise claims of unlawful compensation discrimination? How does Title VII's two year limit on back pay affect liability and damages analyses? How does one now calculate damages? Does the statute's conscious language to open up liability to the period of time "...when a discriminatory compensation decision or other practice is adopted..." allow a Plaintiff in 2009 to challenge a denial of promotion, for example, which occurred years ago, perhaps in 1994, or 1987? Should employers start retaining indefinitely compensation, promotion and other records which relate to compensation decisions given the new reach back potential of Title VII and the other three affected statutes and despite only otherwise 1, 2 and 3 year record-retention laws? Are non-problematic regression analyses a defense to individual claims of historical compensation discrimination affecting current pay? Since the Ledbetter Law did not amend Executive Order 11246, what should covered federal contractors and subcontractors be doing and how should they respond to "Paragraph 11" of OFCCP's Notice of Desk Audit? Is OFCCP now going to be able to audit compensation back to the beginning of the federal contract/subcontract? Since benefits tied to wages are also subject to legal challenge, what protections does the Ledbetter Law provide by adopting the current law regarding when pension distributions are considered paid? What will happen as to charges, lawsuits, arbitrations and audits pending on or after the May 28, 2007 effective date of the Ledbetter Law? Should employers/contractors start voluntarily undertaking "regression analyses" to confirm that their compensation systems are not now unlawful, what data do they need to fuel a properly architected regression analysis, and can the analyses be subject to the Attorney-Client privilege and work product doctrine? How will the federal law integrate, or will it, with new Lilly Ledbetter state laws like that recently introduced in California? Panelists include:
John C. Fox, Esq. - Mr. Fox is with Manatt, Phelps & Phillips LLP, in the firm's Palo Alto, California offices. He represents management in all facets of employment law with extensive experience in compensation discrimination matters for employers and federal contractors nationwide in defense of systemic compensation discrimination claims from the EEOC, private plaintiff lawyers and in OFCCP audits. Mr. Fox also helps employers design diagnostic systems to privately and voluntarily review their compensation pay systems.
Robert B. Speakman, Ph.D. - Dr. Speakman is an economist in the Bryan, Texas offices of Welch Consulting. He has undertaken hundreds of regression analyses in support of voluntary compensation analyses and for use in defense of litigation and of OFCCP audits. Dr. Speakman also develops damages analyses of potentially discriminatory pay systems.
HOW DO TELECONFERENCES WORK? Teleconferences are cost-effective and convenient. You participate in the entire conference from your office using a regular telephone and your access code. Plus, for one fee you can have as many people participate as you can fit around a speakerphone, but only the registrant will receive CLE credit from NELI. This teleconference will run for approximately 90 minutes with a 30 minute Q&A following. During the speaker presentation portion of the conference, registrants are in a "listen-only" mode. After the presentation portion is concluded, the phones are "opened up" for an interactive Q&A session, with conference attendees queuing up to ask questions of the presenters. Questions can also be submitted via email at any time during the conference to be responded to during the Q&A session.
HOW WILL WE RECEIVE THE PROGRAM MATERIALS? Once your registration is confirmed you will receive an email with the toll-free phone number, access code and link to a PDF attachment from us containing in-depth program materials. If you do not receive the email within two (2) days of the teleconference, please contact NELI.
CLE AND OTHER CONTINUING EDUCATION CREDIT: NELI's programs are routinely approved for credit in all jurisdictions with such requirements, provided that the jurisdiction approves teleconferences, and we have filed with all MCLE states and HRCI for accreditation for this program in its live format. (Kansas, Ohio and Indiana do not approve programs of this kind.) Registrants may be required to file for credit on their own behalf in some jurisdictions. We will provide all necessary forms and proof of attendance. Credit can be given to registered participants only.
If you have questions regarding your state, please contact NELI.
Wednesday, April 8, 2009
Wednesday, April 15, 2009
- 1:00 - 3:00 PM (Eastern)
- 12:00 - 2:00 PM (Central)
- 11:00 AM 1:00 PM (Mountain)
- 10:00 AM 12:00 Noon (Pacific)
Registration Fee: $249.00 - Educational credit will be issued for registered participants ONLY.
Prepayment is required to receive your access code. If you can not provide a credit card, please email or call and we may be able to invoice you.