How to Handle an Employment Discrimination Case May 16, 2016; 6:00 PM – 9:00 PM
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EVALUATION FORM In order for us to improve our continuing legal education programs, we need your input. Please complete this evaluation form and place it in the box provided at the registration desk at the end of the session. You may also mail the form to CLE Director, NYCLA, 14 Vesey Street, New York, NY 10007. How to Handle an Employment Discrimination Case May 16, 2016; 6:00 PM – 9:00 PM I. Please rate each speaker in this session on a scale of 1 - 4 (1 = Poor; 2 = Fair; 3 = Good; 4 = Excellent) Presentation Content Written Materials Louis Pechman Hollis Pfitsch Greg Chiarello Jeanine Conley II. Program Rating: 1. What is your overall rating for this course? Excellent Good Fair Poor Suggestions/Comments: ________________________________________________ _________________________________________________________________ A. Length of course: Too Long____ Too Short_____ Just Right_____ B. Scheduling of course should be: Earlier____ Later_____ Just Right_____ 2. How did you find the program facilities? Excellent Good Fair Poor Comments: ___________________________________________________________ _________________________________________________________________ 3. How do you rate the technology used during the presentation? Excellent Good Fair Poor Comments: ___________________________________________________________ _________________________________________________________________ PLEASE TURN PAGE OVER 1 4. Why did you choose to attend this course? (Check all that apply) Need the MCLE Credits Faculty Topics Covered Other (please specify) _______________________________________________ 5. How did you learn about this course? (Check all that apply) NYCLA Flyer NYCLA Postcard CLE Catalog NYCLA Newsletter NYCLA Website New York Law Journal Website NYCLA CLE Email Other (please specify)____________________________ 6. What are the most important factors in deciding which CLE courses to attend (Please rate the factors 1- 5, 1 being the most important). ___ Cost ___ Subject matter ___ Location ___ Date and Time ___ Provider ___ Organization of which you are a member ___ Other______________________________________________ 6. Are you a member of NYCLA? ___ Yes ___No III If NYCLA were creating a CLE program specifically tailored to your practice needs, what topics or issues would you want to see presented? 2 HOW TO HANDLE AN EMPLOYMENT NSTITUTE DISCRIMINATION CASE I Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers’ Association, 14 Vesey Street, New York, NY scheduled for May 16, 2016 CLE Program Chair and Moderator: Louis Pechman, Pechman Law Group PLLC Faculty: Greg Chiarello, Outten & Golden LLP; Jeanine Conley, Baker Hostetler; Hollis Pfitsch, Law Enforcement Bureau, NYC Commission on Human Rights NYCLA This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 3 Transitional and Non-Transitional credit hours; 1 Professional Practice/Law Practice Management;. 2 Skills. This program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for 3 hours of total CLE credits. Of these, 0 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal law, workers compensation law and/or matrimonial law. ACCREDITED PROVIDER STATUS: NYCLA’s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the States of New York and New Jersey. Information Regarding CLE Credits and Certification How to Handle an Employment Discrimination Case May 16, 2016; 6:00 PM to 9:00 PM The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution. i. You must sign-in and note the time of arrival to receive your course materials and receive MCLE credit. The time will be verified by the Program Assistant. ii. You will receive your MCLE certificate as you exit the room at the end of the course. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium. iii. If you arrive after the course has begun, you must sign-in and note the time of your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate. iv. Please note: We can only certify MCLE credit for the actual time you are in attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. Again, if it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week. v. If you leave early and do not sign out, we will assume that you left at the midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly, unless you can provide verification of course completion. Your certificate will be mailed to you within one week. Thank you for choosing NYCLA as your CLE provider! New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 How to Handle an Employment Discrimination Case Monday, May 16, 2016; 6:00 PM to 9:00 PM Program Chair: Louis Pechman, Esq. Pechman Law Group PLLC Faculty: Greg Chiarello, Outten & Golden LLP; Jeanine Conley, Baker Hostetler; Hollis Pfitsch, Law Enforcement Bureau, NYC Commission on Human Rights AGENDA 5:30 PM – 6:00 PM Registration 6:00 PM – 6:10 PM Introduction and Announcements 6:10 PM – 6:50 PM Overview of Agency Practice; Drafting a Complaint/Answer Hollis Pfitsch 6:50 PM – 7:30 PM Discovery Tips from the Plaintiff’s Perspective Greg Chiarello, Esq. 7:30 PM – 7: 40 PM BREAK 7:40 PM – 8:20 PM Discovery Tips from the Defendant’s Perspective Jeanine Conley Esq. 8:20 PM – 8:50 PM Questions and Answers §1-11 Complaints Generally. (a) Who may file. (1) Any person claiming to be aggrieved by an unlawful discriminatory practice may in person, by his or her attorney, or by a representative acting with appropriate legal authority make, sign and file a written verified complaint with the Law Enforcement Bureau in accordance with these rules. (2) The Law Enforcement Bureau may make, sign, and file a verified complaint alleging that a person has committed an unlawful discriminatory practice. (b) Form of complaints. All complaints shall be typewritten, and must be signed and verified by the person making the complaint or, in the case of a Commission- initiated complaint, by the Commission. A complaint initiated by a person other than the Commission shall be signed before a notary public or other person authorized by law to administer oaths. Each complaint shall recite the name of each complainant and respondent in a caption in the following form: CITY OF NEW YORK COMMISSION ON HUMAN RIGHTS -------------------------------------------------x In the Matter of the Complaint of: Verified Complaint Complainant, Case No. -against- Respondent. -------------------------------------------------x (c) Contents of complaint. A complaint shall contain the following: (1) the full name and address of the person or persons making the complaint or such other designation as appropriate. Each such person shall be denominated a complainant. If a complaint is prepared by a complainant’s attorney, the attorney’s name, address, telephone number and facsimile number, if any, shall also appear on the complaint; (2) the full name and address, where known, of the person or persons alleged to have committed an unlawful discriminatory practice. Each such person shall be denominated a respondent; (3) a statement of the specific facts constituting the alleged unlawful discriminatory practice. The statement shall contain, to the extent known to the complainant, the exact or approximate date or dates of the alleged discriminatory practices and, if the alleged discriminatory practices are of a continuing nature, the dates between which those continuing acts of discrimination are alleged to have occurred; and the addresses or approximate locations of any places where the acts complained of are alleged to have occurred; and (4) whether complainant has previously filed any other civil or administrative action alleging an unlawful discriminatory practice with respect to the allegations of discrimination which are the subject of the complaint. In the event of a prior filing, a statement of the title, docket, or similar identifying number, and forum before which such other claim was filed, and a statement of the status or disposition of such other action or proceeding should be made. (d) What constitutes filing of a complaint or answer. A complaint or answer is filed when it is accepted for filing by the Office of the Docketing Clerk of the Law Enforcement Bureau. (e) Procedure upon receipt of complaint. The Law Enforcement Bureau shall accept complaints for filing, note the date of filing on the complaint, and assign a complaint number to the complaint. The Law Enforcement Bureau shall thereafter serve by mail a copy