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TeleConference and Live Audio Webcast

The Supreme Court Speaks:

Proof of Discrimination After Sprint


Date: Wednesday, May 14, 2008
Format: Teleconference and Live Audio Webcast
Duration: 90 minutes


 

Sponsors:

The American Bar Association Section of Labor and Employment Law and the ABA Center for Continuing Legal Education

1:00 PM-2:30 PM Eastern

12:00 PM-1:30 PM Central

11:00 AM-12:30 PM Mountain

10:00 AM-11:30 AM Pacific

Program Description

Has the recent Supreme Court decision in Sprint/United Management Co. v. Mendelsohn changed the way parties prove intent to discriminate? Sometimes referred to as “'me, too' or 'other supervisor' evidence" case, Sprint addressed the admissibility of testimony of other employees alleging discriminatory remarks or conduct by supervisors who had no role in the challenged employment decision. The Court discussed the deference due district court evidentiary rulings based on Rules 401 and 403. 

Join Professor Eric Schnapper, who briefed the case before the Supreme Court for the plaintiffs, and Paul Cane, who argued the case on behalf of the employer, in a discussion of the case and its implications for discrimination cases — discovery, summary judgment, and trial — pending in the district courts.

Program Faculty

Christine Cooper (Moderator) has taught at Loyola University Chicago School of Law since 1978. Her courses have covered labor and employment law, as well as contracts and torts.  She is the immediate past secretary to the ABA Section of Labor and Employment. She also arbitrates and mediates. Over the past 25 years, she has held a variety of leadership positions in the ABA and has worked on nearly 100 CLE programs.

Paul Cane is a partner in Paul, Hastings, Janofsky & Walker LLP’s San Francisco office, where he is chair of his firm's appellate practice group. Mr. Cane briefed and argued Sprint/United Management Co. v. Mendelsohn on behalf of Sprint. In 2003, he represented Raytheon Co. in the Supreme Court in Raytheon Co. v. Hernandez, a unanimous decision for his client in an Americans with Disabilities Act case. Mr. Cane speaks and writes frequently. He was editor-in-chief of the third edition of the ABA treatise, Employment Discrimination Law. His most recent article, published last year in The Labor Lawyer, is "Lies, Damned Lies and Statistics: How The Peter Principle Warps Statistical Analysis of Age Discrimination Claims."

Eric Schnapper is a professor of law at the University of Washington in Seattle. Previously, he served for 25 years as an attorney at the NAACP Legal Defense Fund in New York City, where he specialized in appellate litigation. Since 1972, Professor Schnapper has represented litigants in more than 80 cases in the Supreme Court, including Burlington Northern Rwy. v. White, Faragher v. City of Boca Raton, and Burlington Industries v. Ellerth, among others. Most recently he represented the plaintiff in Sprint v. Mendelsohn.

CLE Credit

1.5 hours of CLE credit in 60-minute states/1.8 hours of CLE credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts.*

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.5 total NY CLE credits.

The following states accept ABA teleconferences for CLE credit:
AL, AK, AR, AZ, CA, CO, FL, GA, IA, ID, IL, KY, LA, ME, MN, MO, MS, MT, NC, ND, NH, NM, NV, NY, OK, OR, RI, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY.

*States currently not accrediting ABA teleconferences: DE, IN, PA, KS, OH

Click here to view a map of MCLE states

Registration Options

telephone Register by Phone
800.285.2221
Monday - Friday
8:30 AM - 6:30 PM Eastern
Event Code: CET8DAS
Source Code: TCE8IDAS1

Tuition

$85 Section of Labor and Employment Law Members
$85 Government Discount
$85 Young Lawyers Division Members
$125 ABA Members
$150 General Public
$60 Each additional registrant using the same phone line

All participants must register for the program.

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Purchase the Recording

Pre-order through the ABA Web Store or call 800.285.2221. Refer to product code CET08DASC. Ready to ship approximately two weeks after the program.

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