In the wake of numerous recent allegations that high-profile media, entertainment, and political figures have engaged in sexual harassment, the #MeToo movement has increased focus on sexual harassment in the workplace-and the number of claims at the MCAD and in court. Learn how to identify red flags in employee behavior and best practices for investigating and remediating claims. The faculty provide guidance on handling a sexual harassment case from inception to litigation at the MCAD and in court. Hear from leading practitioners-as well as from the Chairwoman of the MCAD and a sitting Superior Court judge-on the latest developments in sexual harassment, hostile environment, and retaliation law, including best practices for training, approaches to settling claims before litigation ensues, and strategies for advancing or defeating sexual harassment and related claims.
Course Content
2:00 - 2:05 pmWelcome and Introduction of Panelists
2:05 - 2:20 pm
View From the MCAD: Trends in Sexual Harassment Cases Since #MeToo
Sunila Thomas George, Esq.,
Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts, Boston
2:20 - 3:15 pm
Nuts and Bolts of the Law of Sexual Harassment and Hostile Work Environment Claims: Elements and Defenses
How to Prevent Inappropriate Employee Behavior and Identify Red Flags Before Legal Exposure: Effective Training and Reporting Mechanisms Best Practices for Conducting Workplace Investigations to Ensure Fair Treatment of the Complainant and Accused - and the Lawyer's Roles How to Prevent or Law the Groundwork for Retaliation Claims - Even if the Claim is Unsubstantiated
Andrew C. Pickett, Esq.,
Jackson Lewis, PC, Boston
Hon. Robert B. Gordon,
Superior Court, Commonwealth of Massachusetts, Boston
Sunila Thomas George, Esq.,
Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts, Boston
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston
3:15 - 3:25 pm
Networking and Refreshment Break
3:25 - 4:20 pm
How to Evaluate a Sexual Harassment Case from Inception and Identify Claims with Potential for High Awards/Exposure
Representing Clients Who Have Experienced Trauma and Need Psychiatric and/or Medical Treatment as a Result of Workplace Sexual HarassmentHow to Settle Harassment Claims Pre-Litigation - and How the New Tax Law's Provision on Non-Disclosure Agreements Impacts SettlementsHow to Handle the Privacy Concerns of Parties and Witnesses on Intimate Issues through the Use of Pseudonyms, Sealing, and Impoundment
Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston
Hon. Robert B. Gordon,
Superior Court, Commonwealth of Massachusetts, Boston
Andrew C. Pickett, Esq.,
Jackson Lewis, PC, Boston
Sunila Thomas George, Esq.,
Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts, Boston
4:20 - 4:50 pm
Evidentiary Concerns, Including Admissibility of Internal Investigation Files, Prior Bad Acts or Sexual History, and Psychiatric Records
Hon. Robert B. Gordon,
Superior Court, Commonwealth of Massachusetts, Boston
Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
Speakers
ChairMonica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston
Faculty
Hon. Robert B. Gordon,
Superior Court, Commonwealth of Massachusetts, Boston
Andrew C. Pickett, Esq.,
Jackson Lewis, PC, Boston
Sunila Thomas George, Esq.,
Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts, Boston
