TABLE OF CONTENTS. FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS 1. LGBT Issues in the Workplace By Theodora R. Lee

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1 ALI-ABA Topical Courses Sexual Orientation and Gender Identity in the Workplace: Implementing Inclusion October 11, 2011 Telephone Seminar/Audio Webcast AGENDA FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS 1. LGBT Issues in the Workplace By Theodora R. Lee TABLE OF CONTENTS 2. Facial Discrimination: Darlene Jespersen s Fight Against the Barbie-Fication of Bartenders By Jennifer C. Pizer 3. Documented Evidence of Employment Discrimination & Its Effects on LGBT People By Brad Sears and Christy Mallory 4. How many people are lesbian, gay, bisexual and transgender? By Gary J. Gates, Submitted by Jennifer C. Pizer 5. The Cost of Employment Discrimination against Transgender Residents of Massachusetts By Jody L. Herman 6. The Impact of Inequality for Same-Sex Partners in Employer Sponsored Retirement Plans By Jennifer C. Pizer 7. Historical Authorities of Interest By Carol L. Gillam 8. Sexual Orientation and Gender Identity in the Workplace : Implementing Inclusion - PowerPoint Presentation Submitted by Jenny Pizer Page ix xi xiii vii

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3 ALI-ABA Topical Courses Sexual Orientation and Gender Identity in the Workplace: Implementing Inclusion (All Times Eastern Daylight) October 11, 2011 Telephone Seminar/Audio Webcast PROGRAM 2:00 pm 1. Preventing Workplace Discrimination in Hiring, Promotion, Benefits and Retention: Barriers to Employment for LGBT Employees 3:30 pm Adjournment - Where Policies Diverge from Practice: Ensuring the Existence of LGBT Inclusive Policies and Training - Combating Exclusion and Prejudice Through Employee Resource Groups - Providing Equal Employment Benefits to Same-Sex Partners 2. Sexual Orientation and Gender Identity in the Workplace- Formulating a Strong Diversity Culture -Focusing on Gender Identity & Barriers for Transgender Persons to Full Workplace Participation --Panel Discussion --Audience Questions (submitted via ) DISCLAIMER Nothing in this program, the program materials, or communications stemming from the program (including questions and answers) should be considered as the rendering of legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Registrants/readers should assure themselves that these presentations/materials/communications are still current and applicable at the time they are delivered or read. Neither ALI-ABA nor the speakers/authors can warrant that these presentations/ materials/communications will continue to be accurate, nor do they warrant them to be completely free of errors when delivered/published. Registrants/readers should verify statements before relying on them. These presentations/materials/communications reflect the viewpoints of their speakers/authors and do not necessarily express the opinions of ALI-ABA Continuing Professional Education or its sponsors. The members of this program's faculty are contributing their services to further the continuing legal education of their fellow members of the Bar. ix

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5 ALI-ABA Topical Courses Sexual Orientation and Gender Identity in the Workplace: Implementing Inclusion Tuesday, October 11, 2011 Telephone Seminar/Audio Webcast PLANNING CHAIR Carol Gillam, Esquire The Gillam Law Firm, PC 1801 Century Park E Ste 1560 Los Angeles, CA PANELISTS Theodora R. Lee, Esquire Littler Mendelson, P.C. 650 California St Fl 20 San Francisco, CA Jennifer C. Pizer, Esquire Legal Director and Arnold D. Kassoy Senior Scholar of Law The Williams Institute, UCLA School of Law 337 Charles E. Young Drive East Public Policy Building Room 2381 Los Angeles, CA ALI-ABA Producer: Kathryn Cacciamani, Esquire xi

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7 FACULTY BIOGRAPHIES Planning Chair Carol Gillam, President, The Gillam Law Firm Los Angeles, California Carol Gillam began practicing law in 1978 in Chicago. She moved to Los Angeles in 1981 and joined the firm of Irell and Manella. She became a federal prosecutor in 1988, as an Assistant United States Attorney in the Criminal Division of the U S Attorney s Office in Los Angeles. While there she prosecuted numerous well publicized cases, including a notorious case involving abuses of migrant workers. In that case, United States v. Griffith Ives et al., she obtained the first racketeering conviction in the country for violations of worker rights, as well as the then-highestever amount of restitution in a civil rights case. Ms. Gillam s novel use of the Reconstruction-era slavery laws as combined with the modern RICO statute set a new standard for the government s dealing with highly abusive violations of the rights of migrant workers. Carol s model has since been used in a number of other successful prosecutions. Carol left the United States Attorney s office in 1994 to open her own practice devoted primarily to vindicating workers rights. She has obtained several 7-figure settlements and verdicts as well as a $14 million verdict in a malpractice case for a music celebrity. She has litigated cases throughout California and in states across the country. Carol has been a trailblazer in representing plaintiffs in same sex harassment and discrimination cases for many years. She represented the first openly lesbian FBI agents in their quest to receive equal treatment with heterosexual agent couples. Carol received her undergraduate degree from Northwestern University and her law degree from Loyola University of Chicago, where she was associate editor of the law review. She wrote in and oversaw the publication of an issue of the law review devoted to the then-newly evolving field of employment law. She has also served as an adjunct professor and has lectured and written for a wide variety of audiences. Carol annually updates the treatise, California Causes of Action: Employment Law. xiii

8 Carol was inducted as a Fellow of the national College of Labor andemployment Lawyers in 2010 after an extensive vetting process. Carol was named by the Daily Journal as one of 2011's top labor and employment lawyers in California, including a top 20 plaintiff s attorney. Ms. Gillam serves on the State Bar of California s Executive Committee of its Labor and Employment section. The Committee represents over 6,000 attorneys and provides them with numerous educational opportunities. She serves on the editorial boards of several national and statwide legal publications. Carol has been named a Superlawyer for the past two years as well. Faculty (in no particular order) Theodora Lee, Esquire Littler Mendelson San Francisco, California Emphasis Class Action Defense Wrongful Termination Litigation Unlawful Harassment Discrimination Litigation Wage and Hour Issues FMLA and CFRA Unfair Labor Practice Proceedings Union Organizing Grievance Arbitrations Union Avoidance Unemployment Benefits Unfair Competition Workplace Violence Biography Ms. Lee has extensive courtroom experience and practices before all state and federal courts in California and all employment related regulatory agencies. She represents employers in wrongful termination and employment discrimination litigation; National Labor Relations Board matters, including representation cases, unfair labor practice proceedings, grievance arbitrations; Title VII proceedings, including race, sex, religious and age harassment and discrimination; unfair competition proceedings; state and federal wage and hour litigation; counsels employers on the Americans With Disabilities Act, the Uniform Trade Secrets Act, the California Business and Professions Code, the Family and Medical Leave Act, employee terminations, litigation avoidance, reductions in force, the development of personnel policies and procedures, workplace violence, pre-employment screening, federal and state wage and hour issues, employment agreements, restrictive covenants, trade secrets and unfair competition; drug and alcohol testing; and conducts in-house employment law training programs. Education xiv

9 J.D., University of Texas School of Law, 1987 B.A., Spelman College, 1984Prior to entering the practice of law, Ms. Lee worked as a Senate intern in Washington, D.C., for Senator Sam Nunn. Publications Ms. Lee has been a contributing writer to numerous employment law publications. Lectures & Presentations Ms. Lee presents seminars on a wide variety of employment issues. Activities Ms. Lee serves on the Board of Directors of the Yerba Buena Center for the Arts, Bay Area Legal Aid and the UNCF Northern California Board. She is a Past President of the Bay Area Black United Fund and the Alameda County Community Food Bank. She is an active member of the State Bar of California, Charles Houston Bar Association, San Francisco Bar Association, Alameda County Bar Association, California Women Lawyers, and American Bar Association. Ms. Lee is a Past President of the Barristers Club of the Alameda County Bar Association. She is a past Member of the Board of Directors of Leadership California. Ms. Lee has served as a delegate at the State Bar of California Conference of Delegates and has been a Professor of Paralegal Studies at the University of San Francisco. Litigation Class Actions Skeen v. Stryker Sales Corporation (USDC, SD of California) (Unpaid commissions and expense reimbursement) Hudson v. First Transit, Inc. (USDC, ND of California) (Disparate impact based on race) Whiteway, et al. v. FedEx Kinko s Office and Print Services, Inc. (USDC, ND of California) (Misclassification, overtime, meal and rest period) Keo, et al. v. North Coast Couriers, Inc. (Alameda County Superior Court) (Independent contractor v. employee status, overtime, meal and rest period) Suarez, et al. v. North Coast Couriers, Inc. (Alameda County Superior Court) (Independent contractor v. employee status, overtime, meal and rest period) Holder, et al v. Stryker Sales Corporation (Los Angeles County Superior Court) (Misclassification, overtime, meal and rest period Avila, et al. v. Turlock Irrigation District (Stanislaus County Superior Court) (Overtime, meal and rest period) Avila, et al. v. Turlock Irrigation District (USDC, ED of California) (Overtime, exempt status under FLSA) Jury Trials Robert Gurley v. American Airlines: Lead trial co-counsel in jury trial in the District Court of Tarrant County, Texas alleging race discrimination, racial harassment and retaliation. Defense verdict. Marietta Harvey v. Sybase, Inc.: Lead trial co-counsel in jury trial in Alameda County Superior Court alleging wrongful termination in violation of public policy and race discrimination. The wrongful termination claim was dismissed via a motion for non-suit. The case proceeded to a jury trial on the discrimination claim. Plaintiff s verdict is currently on appeal. Varon Denise Brown v. Safeway Inc.: Lead trial counsel in a jury trial in Alameda County Superior Court alleging violation of the Unruh Civil Rights Act, and intentional infliction of emotional distress. Upon assignment to the trial judge and the filing of a motion to dismiss, the entire case was dismissed, and fees awarded to Defendant. Dee Kotla v. Regents of University of California: Lead trial counsel in three week jury trial in Alameda County Superior Court alleging harassment and retaliation. The harassment claim was dismissed via summary judgment. The case proceeded to jury trial on the retaliation claim. Plaintiff s verdict was overturned on appeal. Appellate Court Matters James v. Berkeley Farms: California Court of Appeal. Plaintiff appealed a dismissal in Defendant s favor in a race discrimination case. Judgment affirmed for Defendant. Purvis v. Wells Fargo: California Court of Appeal. Plaintiff appealed a summary judgment in Defendant s favor in a race discrimination case. Judgment affirmed for Defendant. xv

10 MacDonnell v. San Jose Mercury News: California Court of Appeal. Plaintiff appealed a summary judgment in Defendant s favor in an age discrimination case. Judgment affirmed for Defendant. Current Cases Currently defending various corporations in several cases in state or federal court alleging race, sex, age, and sexual orientation discrimination, FEHA and Title VII violations, wage and hour class actions, whistleblower and wrongful termination claims. Private Arbitrations and Mediations Have concluded over 500 matters through use of private arbitration or mediation, including large, complex, multi-party litigation, and individuals suing their individual employers. Ms. Lee serves as a Settlement Commissioner, Arbitrator and Mediator for Alameda County Superior Court, Contra Costa County Superior Court and San Francisco Superior Court. Jennifer C. Pizer, Esquire Legal Director and Arnold D. Kassoy Senior Scholar of Law Willams Institute at UCLA School of Law Los Angeles, California Jennifer Pizer joined the Williams Institute at UCLA School of Law after a long career at Lambda Legal Defense and Education Fund, where she was Senior Counsel and National Marriage Project Director, focusing on sexual orientation discrimination in employment, health care, education and housing, as well as family law issues affecting same-sex couples and their children. In the employment area, Pizer has litigated cases addressing whether prohibitions against co-worker harassment should use similar standards against sexual orientation-based harassment as against race- and sex-based harassment, whether limiting employer-provided family health insurance based on marital status can be considered sexual orientation discrimination, and how prohibitions against sex stereotyping in employment should apply to workplace dress codes. She has provided technical consultation to legislators, elected officials and private employers on framing antidiscrimination laws and policies, on domestic partnership laws and employee benefit plans, and on nondiscrimination compliance. Pizer is a graduate of Harvard College and New York University School of Law. After law school she served as a judicial clerk to the Hon. Ann Aldrich of the U.S. District Court for the Northern District of Ohio, was Legal Director of the National Abortion Rights Action League, and practiced intellectual property and business torts litigation. Before coming to UCLA, she taught courses on sexual orientation law as an adjunct professor at USC Law School, Loyola Law School, and xvi

11 Whittier Law School. Pizer has commented extensively on LGBT legal developments for leading print and broadcast media and the legal press, and has received numerous professional achievement and community service awards, including being named seven times among the top women litigators in California by the Los Angeles and San Francisco Daily Journal. xvii

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