Family Responsibility Discrimination: Defending Against Claims in an Uncertain Legal Framework

Leveraging Defense Techniques in Litigation Over Failure to Provide Leave, Discrimination and Retaliation

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, March 26, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to employment counsel on defending against employee family responsibility discrimination claims based on a variety of federal laws. The panel will review defense techniques that have been effective despite the unpredictable, overlapping legal framework.

Description

Courts and the EEOC are routinely extending discrimination protections to employees based on their "caregiver roles," whether caring for young children, ill spouses or aging parents, even though there is no specific federal statute providing for such “caregiver” or family responsibility rights.

Instead, courts are validating such claims under a number of existing statutes, including Title VII, FMLA and the ADA. To further complicate matters, there are varying state equivalents that provide different definitions of who is covered and what actions are prohibited.

Family responsibility discrimination plaintiffs are more likely to prevail than in any other type of employment discrimination case—and damages can be staggering. Counsel must recognize the potential claims and liabilities to provide clients with proactive policies and practices—and know the most effective litigation defense measures.

Listen as our distinguished panel provides defense techniques applicable to the particular statutory bases employees commonly use. They will provide counsel with best practices for preventing violations and lawsuits.

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Outline

  1. Defense techniques and theories for family responsibility claims
    1. Title VII
    2. FMLA
    3. ADA
  2. Disparate treatment claims amongst caregivers
  3. Retaliation
  4. Best practices to prevent claims

Benefits

The panel will review these and other key questions:

  • How can employers defend against claims alleging discrimination or retaliation in connection with family responsibility leave requests?
  • What best practices are recommended to avoid claims of leave request violations?
  • What are the statutory bases for family responsibility claims?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Joan M. Gilbride
Joan M. Gilbride

Managing Partner
Kaufman Borgeest & Ryan

Ms. Gilbride is Managing Partner of the firm’s Employment Law Practices Team. Her practice focuses on the...  |  Read More

Carolyn Rashby
Carolyn Rashby

Special Counsel
Miller Law Group

Ms. Rashby has represented and counseled management on a wide range of employment matters, including wage and hour,...  |  Read More

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