NACUA March 2012 CLE Workshop

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Wednesday, March 21

1:00 PM – 1:15 PM

Introduction to the Program

1:15 PM – 2:30 PM

01. Doing More with Less: Employment Issues in an Era of Cutting Costs

Creative ways to reduce personnel costs
Legal considerations related to salary freezes, benefit cuts, etc.
How to handle reductions in force, layoffs, and furloughs
Tenure issues
Early retirement incentive programs

Andrew Lauer, Yeshiva University
Mark Cheskin, Hogan Lovells US LLP

2:45 PM – 4:00 PM

02. The EEOC’s ADA Regulations: One Year Later

Reading the ADA expansively: what happens now?
Not disabled - out; who's in?
Assessment of ability to perform essential job functions
What accommodations are reasonable?
Best personnel practices under the ADAAA and the EEOC regulations

Katherine Allen, Moderator, McQuaide, Blasko, Fleming & Faulkner
Melinda Grier, Melinda Grier Consulting
John Stanley, U.S. Equal Employment Opportunity Commission (EEOC)

4:15 PM – 5:30 PM

03. The Second Biennial Top Issues in Employment Litigation

The top recent cases you should welcome (or worry about)
The top employment litigation “tips and traps”
Dealing with the litigious employee
Keeping on top of electronic communications leading up to and during litigation, including e-discovery

Jeffrey Nolan, Dinse, Knapp & McAndrew, P.C.
J. Eric Paltell, Kollman & Saucier, P.A.
Wendy Tarlow, Cornell University

5:30 PM – 6:30 PM

Reception for Registrants and Presenters sponsored by LexisNexis

Thursday, March 22

7:00 AM – 8:00 AM

Continental Breakfast

8:00 AM – 9:15 AM

04A. YES YOU CAN... Hire U.S. and Foreign Workers Abroad. But You're Going to Need Some Help

Current trends in doing business and hiring workers abroad
Identifying what exactly you are doing abroad, and why
Options for hiring workers abroad
Comparison of some countries’ employment laws
Partnering with foreign institutions (and how to select the right partner)
Knowing when and how to engage counsel abroad

Sankar Suryanarayan, Moderator, Princeton University
Natasha Baker, Curiale Hirschfeld & Kraemer, LLP
Wendy Tarlow, Cornell University

04B. FMLA Issues

FMLA issues and layoffs
GINA
Notice issues
Intersections between FMLA and ADA issues

Gerard St. Ours, Moderator, Johns Hopkins University
Sarah Luke, Rutgers, The State University of New Jersey
Kelly Jennings Yeoman, Vorys, Sater, Seymour and Pease LLP

9:30 AM – 10:45 AM

05A. Religious Discrimination

Religious accommodation under federal law: the essentials
The protection of religious minorities
Religious dress and expression in the workplace
Best practices in preventing workplace discrimination

Manuel Rupe, Moderator, Central Michigan University
Donald Lawless, Barnes & Thornburg LLP
Kris Meade, Crowell & Moring LLP
John Nicholson, University of Washington
Rebecca Stith, U.S. Equal Employment Opportunity Commission (EEOC)

05B. Legal Ethics for Higher Education Employment Lawyers: Tips & Traps

Lawyer as investigator
Lawyer as witness
Providing advice involving wrongdoing committed by client
Preserving the privilege when outside counsel conducts investigation
When separate counsel is necessary

Sonali Wilson, Moderator, Cleveland State University
Jerry Blakemore, Northern Illinois University

11:00 AM – 12:00 PM

06A. Diversity Rationale in Hiring Faculty

Discussion Group

Michael Markowicz, Murtha Cullina
Patti Ohlendorf, The University of Texas at Austin

06B. Whistleblower Issues

Discussion Group

Mitchell Quick, Michael Best & Friedrich LLP

06C. Hiring Employees Abroad

Discussion Group

Natasha Baker, Curiale Hirschfeld & Kraemer, LLP

06D. Background Checks

Discussion Group

Ellen Babbitt, Franczek Radelet P.C.

06E. Best Practices in Evaluating Faculty

Discussion Group

Courtney Goddard, Park University

12:15 PM – 1:30 PM

Luncheon

1:30 PM – 2:45 PM

07A. Organized Labor Update

Rollbacks of collective bargaining rights
Graduate teaching assistant unionization
Recent and pending NLRB cases affecting higher education

Margaret McCrystal, Moderator, Grand Valley State University
Walter Hunter, Littler Mendelson, P.C.
Joseph McConnell, Morgan, Brown & Joy, LLP

07B. A Cat’s Paw and A Fired Fiancée: Consequences of and Strategies for Ending the Employment Relationship

Staub v. Proctor Hospital and "cat's paw" liability
Thompson v. North American Stainless and the breadth of protection for protected activity
Strategies for addressing challenging employment termination situations, including:
The senior administrator or executive: working toward a graceful exit;
The whistleblower: maintaining accountability for conduct in the face of asserted compliance concerns;
The absent employee: can an employer really require its employees to be at work;
The off-campus criminal in a just cause environment: assessing the connection to work
Avoiding common missteps in ending the employment relationship

Martha Munsch, Moderator, Reed Smith LLP
Mike Porter, Miller Nash LLP
Casey Ryan, Reed Smith LLP

3:00 PM – 4:15 PM

08A. OFCCP Enforcement Issues

New and proposed OFCCP regulations and guidance
Practical implications for institutional hiring and promotion practices
Recommendations on proactive but privileged self-evaluation of data issues before an OFCCP audit
Summary of the issues unique to institutions in the preparation of affirmative action plans, in responding to issues of underutilization, disparate impact, and compensation equity

Inderdeep Chatrath, Duke University
Alissa Horvitz, Littler Mendelson, P.C.
Marilynn Schuyler, Schuyler Affirmative Action Practice

08B. Complaining, Campaigning, and Social Networking on Campus

Post-Garcetti case law
Do employees have a right to criticize?
Employee use of social media
NLRB and social media
Employee political activity

M. Robin Repass, Moderator, Jackson Kelly PLLC
Oren Griffin, Mercer University
John Marshall, Kennesaw State University

4:30 PM – 5:30 PM

09A. Hiring and Retaining Executives

Discussion Group

Pamela Bernard, Duke University
L. Lee Tyner, University of Mississippi

09B. Faculty ADA/FMLA Issues

Discussion Group

Martha Munsch, Reed Smith LLP

09C. Active Duty and Veteran Military Employee Issues

Discussion Group

M. Robin Repass, Jackson Kelly PLLC

09D. Reductions in Force and Layoffs

Discussion Group

Tara Eyer Daub, Nixon Peabody
Kathleen Rinehart, Saint Xavier University

09E. OFCCP Enforcement Issues

Discussion Group

Inderdeep Chatrath, Duke University
Alissa Horvitz, Littler Mendelson, P.C.
Marilynn Schuyler, Schuyler Affirmative Action Practice

Friday, March 23

7:30 AM – 8:30 AM

Continental Breakfast

8:30 AM – 9:45 AM

10. Mental Health Issues in the Workplace

ADA and FMLA considerations
Threat assessments, fitness for duty, last-chance agreements
Dealing with poor performance and morale issues: a due diligence approach
Dispute resolution mechanism as additional tools

Steven Frenkil, Moderator, Miles & Stockbridge
Ellen Babbitt, Franczek Radelet P.C.
Kathleen Rinehart, Saint Xavier University

10:00 AM – 11:15 AM

11. Employee (Mis)Classification

Independent contractors vs. employees
Exempt vs. non-exempt employees
Special classification challenges in the college and university environment
Auditing employee classifications
Remedying misclassifications (and trying to do so without getting sued)

Lori Fox, Teachers College, Columbia University
Fredric Leffler, Proskauer Rose
Mitchell Quick, Michael Best & Friedrich LLP

11:30 AM – 12:30 PM

12. Dealing with Faculty and Administrators Accused of Crimes

From allegation to resolution
On-campus vs. off-campus
Sex crimes and the impact of the Dear Colleague Letter
Defense and indemnification

Kate Wasch, Moderator, Georgia Institute of Technology
Pamela Bernard, Duke University
Barbara Lee, Rutgers, The State University of New Jersey