Mixed-Motive Defense in Employment Discrimination Cases
Leveraging the Defense Amid Differing Circuit Court Standards
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, March 22, 2012
Recorded event now available
This CLE webinar will review how the mixed-motive defense is being applied in discrimination cases and discuss practical implications relating to claims under Title VII, the ADA, the FMLA and other federal discrimination and retaliation laws.
Description
Differing circuit court standards and an increase in employee-friendly court rulings on the standard of proof that should be applied in mixed-motive discrimination cases are creating confusion for employment counsel defending claims.
This confusion only intensified after the 2009 U.S. Supreme Court’s decision, Gross v. FBL Financial Services, in which the Court ruled that the mixed-motive analysis is not available in cases under the Age Discrimination in Employment Act (ADEA).
Although the Gross ruling dealt specifically with discrimination cases under the ADEA, its fallout may significantly impact discrimination cases under other federal discrimination laws.
Listen as our authoritative panel of employment litigators analyzes recent legal developments in the application of the mixed-motive defense in discrimination cases. The panel will review how the courts have applied the Gross holding and discuss practical implications for employment counsel defending claims under Title VII, the ADA, the FMLA and other federal discrimination and retaliation laws.
Outline
- Mixed-motive case—definition
- Raising the mixed-motive cause of action or defense
- At pleading stage
- At summary judgment
- At trial
- Relevant case law and implications for employment litigation
- Gross v. FBL Financial Services
- Application of Gross in ADA cases
- Application of Gross in FMLA cases
- Application of Gross in Title VII retaliation cases
Benefits
The panel will review these and other key questions:
- What is the mixed-motive defense and when does it typically arise in employment cases?
- How have lower courts applied the Gross decision when deciding whether the mixed-motive standard is applicable in discrimination and retaliation cases?
- How can employers' counsel successfully defend mixed-motive cases in light of recent differing rulings in these types of cases?
Faculty
Wayne Schrader,
Partner
Gibson Dunn & Crutcher, Washington, D.C.
He has defended high-exposure employment and financial product or consumer class action cases. He has considerable experience with the trial and handling of various employment-related claims including wage and hour, hostile environment, wrongful termination, retaliation, race, age and sex discrimination and ERISA claims.
Karen Sutherland,
Member
Ogden Murphy Wallace, P.L.L.C., Seattle
She is the Chair of the firm's Employment & Labor practice area. Her employment law experience includes representing cities, counties and private employers regarding all kinds of workplace issues, such as alleged violations of federal and Washington state sex, age and disability discrimination law. She is a frequent lecturer, author and business advisor on discrimination issues.
Melissa E. Pierre-Louis,
Outten & Golden, New York
She represents employees in litigation and negotiation in all areas of employment law, including individual and class discrimination cases and wage and hour class actions. She previously worked as a public interest fellow at Beldock, Levine & Hoffman LLP, where she focused primarily on labor and employment matters.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
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CLE Credit
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Customer Reviews
Another great job by Strafford!
Jessica Brown
Gibson Dunn
The subject matter presented was very relevant to my practice.
Nineveh Alkhas
Neal, Gerber & Eisenberg
The seminar was very well-organized, managed excellently and informative.
Julia Szadkowski
Equifax Canada Inc.
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Patricia Hays
Vestcom International
The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.
Amy E. McShane
Phillips Lytle LLP
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig
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