(Webcast) Breaking News: The Supreme Court Decisions on Sexual Orientation and Transgender Discrimination

Tuesday, July 28, 2020 | 10:00 am – 12:00 pm

• Description
• Faculty
• Agenda
• CLE Credit
• Sponsors

• Decisions in the Zarda, Bostock, and R.G. & G.R. Harris Funeral Homes cases, expected from the Supreme Court by the end of the term, promise to be a watershed in Title VII law. A discussion of these decisions will benefit attendees by:

  • Illuminating Supreme Court thinking on statutory construction
  • Helping employment lawyers understand the scope and limits of Title VII, particularly with respect to LGBTQIA issues
  • Providing practical insights for how to advise employers and employees in light of the decisions

  Program Fee:
  $49 for Members | $99 for Nonmembers

• Jillian Weiss
  Law Office of Jillian Weiss, of counsel to Outten & Golden

  James Esseks
  Director, ACLU LGBT & HIV Project (counsel in Harris Funeral Homes and Zarda cases)

  Shirley Lin
  Acting Assistant Professor, NYU School of Law

  Stephen Bergstein
  Bergstein & Ullrich (counsel in Zarda case)

• 10:00 am -10:05 am
  Panel Introduction and Program Overview

  10:05 am -11:50 am
  Discussion of Zarda, Bostock, and R.G. & G.R. Harris Funeral Homes cases

  • Analysis of the opinions
    • Title VII and prior caselaw
      • Title VII language & legislative history
      • Cases construing “because of sex”
    • Implications for statutory construction doctrines
      • Conundrum for strict construction?
    • Relation of the opinions to arguments raised by parties and amici
      • Which issues addressed or ignored
      • Which arguments proved most persuasive
    • Looking forward
      • Implications of the decisions beyond Title VII
        • For other antidiscrimination statutes
        • For constitutional analysis
      • Prospect of responsive legislation
        • Federal
        • State
      • Practical steps for employers and employees
        • Compliance with the law
        • Dealing with hostile work environment

  11:50 am -12:00 pm
  Question/Answer Session

• CLE Credit:
  New York: 2.0 Professional Practice
  New Jersey: 2.4 General
  California: 2.0 General
  Pennsylvania: 2.0 General
  Connecticut: Available to Licensed Attorneys

• Sponsoring Association Committees:
  Labor & Employment, Katherine A. Greenberg, Chair
  Lesbian, Gay, Bisexual, Transgender and Queer Rights, Noah E. Lewis & Geoffrey L. Wertime, Co-Chairs

  Sponsorship Opportunities are Available! Please Contact:
  Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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