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

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

Program Chair:

Hon. James C. Francis IV (Ret.)
Arbitrator, Mediator & Special Master,

  • 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