3rd National Conference on the Employment of Lawyers with Disabilities

Transcription

1 3rd National Conference on the Employment of Lawyers with Disabilities May 8, 2012 Marriott Wardman Park Hotel Washington, DC

2 Commission on Disability Rights Disability Diversity in the Legal Profession: A Pledge for Change As Legal Employers, Chief Legal Officers, Judges, Court Administrators, Hiring Partners, and Hiring Personnel in the Legal Profession, we hereby affirm our commitment to diversity, including diversity regarding individuals with mental, physical, and sensory disabilities, in the legal profession. Our pledge is based on the need to enhance opportunity in the legal profession and our recognition that the legal and business interests of our clients and the populations we serve require legal representation that reflects the diversity of our employees, customers and the communities where we operate. In furtherance of this commitment, this is intended to be a Pledge for Change for the profession generally and in particular for our law departments, firms, agencies, courthouses, and organizations. We further pledge that we will encourage other law departments, firms, agencies, court systems, and/or organizations that we do business with to make a similar diversity commitment. Organization: Printed Name: Signature: Date: Amended February 2, This Pledge was inspired by A Call to Action, a diversity pledge for the legal profession, created by Rick Palmore, Esq. You can return a signed copy via either (cdr@americanbar.org) or fax ( ).

3 Dear Conference Participant: On behalf of the American Bar Association (ABA), the ABA Office of the President, and the ABA Commission on Disability Rights (CDR) we welcome you to the Third ABA National Conference on the Employment of Lawyers with Disabilities. We give special thanks to our primary sponsors, the Association of Corporate Counsel (ACC) and the Minority Corporate Counsel Association (MCCA), for their support in putting together this groundbreaking event. The Conference will get underway with a welcome and introductory remarks by ABA President Wm. T. (Bill) Robinson III, CDR Chair Katherine O Neil, and ACC and MCCA representatives. Four panel discussions will follow; the topics addressed will be the Americans with Disabilities Act Amendments Act (ADAAA) and the Equal Employment Opportunity Commission s (EEOC) implementing regulations; disability inclusion in the legal profession; admissions to law school and the bar exam for students with disabilities; and the federal perspective on best practices for including lawyers with disabilities. A luncheon will be held for all participants, featuring a keynote address from Seth D. Harris, Esq., Deputy Secretary, U.S. Department of Labor (DOL). After lunch, there will be three panel discussions addressing mentoring as a building block for disability inclusion in the workplace, lawyers with disabilities personal strategies for success, and corporate and law firm best practices for including lawyers with disabilities in the legal profession. President Robinson will give his closing remarks and invite everyone to attend the networking reception. There, law firms, judges, corporations, law schools, and state bars will be encouraged to sign CDR s Pledge for Change (see inside cover) to demonstrate their commitment to disability diversity and inclusion of lawyers with disabilities in the legal profession. Also at the reception, CDR will announce its new award, Champions for Disability Inclusion in the Legal Profession Award, which will be presented in 2013 to law firms and corporate legal departments that have made measurable progress in the training, recruitment, hiring, retention, mentoring, and/or promotion of legal professionals with disabilities. Sincerely, Wm. T. (Bill) Robinson III Katherine H. O Neil, Chair Charles S. Brown ABA President Commission on Disability Rights Conference Chair

4 Dear Conference Attendees: As Chair of the Association of Corporate Counsel (ACC), I would like to welcome you to the National Conference on the Employment of Lawyers with Disabilities. ACC is, once again, proud to co-sponsor this event with the American Bar Association (ABA) and the Minority Corporate Counsel Association (MCCA). I extend my warmest congratulations to everyone who helped make this unique and influential conference a success for the third time. My involvement in the health care community for more than two decades has made it clear to me that the legal community is in a powerful position to help achieve equality and opportunity for people with disabilities. I regret my absence today, but am certain you will enjoy hearing from ACC President, Veta Richardson, and ACC Vice Chair, Michele Gatto, as they discuss ACC s ongoing commitment to the ABA s Pledge for Change and promoting the diversity of the in-house bar. Thank you for attending this conference and engaging in discourse that will continue to pave the way for individuals with disabilities to not just enter, but rise to the top of the legal profession. I am proud to say that ACC stands ready to continue to champion this initiative among the in-house legal community in America and around the world. Sincerely, Jonathan J. Oviatt Chair, Association of Corporate Counsel Chief Legal Officer and Corporate Secretary, Mayo Clinic

5 Dear Attendees: On behalf of the Minority Corporate Counsel Association, Inc. (MCCA), I write to welcome you to the Third National Conference on the Employment of Lawyers with Disabilities. MCCA is proud to partner with the Association of Corporate Counsel (ACC) and the American Bar Association (ABA) for this important conference. From its inception, MCCA has embraced a broad definition of diversity. We have long advocated that organizations achieve the best results when they have a diverse employee base and an inclusive workplace. The continued underemployment of lawyers with disabilities is one of the principle reasons MCCA created a regular feature in our magazine Diversity & the Bar. The feature, which has appeared in every issue for the past two years, is entitled Perseverance in Profile. Each article highlights the achievements of lawyers with disabilities. We hope this constant reminder encourages our readers to reflect, reevaluate, and reengage in this critical area of diversity. MCCA remains committed to leading and to supporting others to promote the employment of lawyers with disabilities. Unfortunately, Joseph West, MCCA s President & CEO, and I are unable to attend today. MCCA s Chairelect, Simone Wu, the Senior Vice President, General Counsel, Corporate Secretary, and Chief Compliance Officer for Choice Hotels International, Inc., and Brandon Fitzgerald, MCCA s Vice President, General Counsel, and Secretary will represent MCCA at this significant and strategic event. MCCA offers its sincere thanks to everyone involved in developing this conference, and we hope you will continue your efforts to promote diversity and inclusion. Sincerely, Mary E. Snapp Chair, Minority Corporate Counsel Association Corporate Vice President & Deputy General Counsel Legal & Corporate Affairs Microsoft Corporation

6 Donors Gold Bronze Donors U.S. Securities and Exchange Commission (SEC) Schiff Hardin, LLP Paul Hastings, LLP Lewis, Feinberg, Lee, Renaker & Jackson, P.C. ABA Donors Criminal Justice Section Section of Intellectual Property Law Section of Science & Technology Law Senior Lawyers Division Tort Trial & Insurance Practice Section ABA Co-Sponsors Section of Administrative Law and Regulatory Practice Section of Dispute Resolution General Practice, Solo, and Small Firm Division Government and Public Sector Lawyers Division Section of Individual Rights and Responsibilities Section of International Law Law Practice Management Section

7 Program Schedule Monday, May 7, :00 p.m. - 5:00 p.m. Registration B, Mezzanine Registration Registration for all participants Tuesday, May 8, :00 a.m. - 5:00 p.m. Registration B, Mezzanine 7:00 a.m. - 8:30 a.m. Thurgood Marshall Ballroom Foyer, Mezzanine 8:00 a.m. - 8:30 a.m. Thurgood Marshall 8:30 a.m. - 9:30 a.m. Thurgood Marshall Registration Registration for all participants Continental Breakfast Welcome and Introductions Welcome to all from the ABA and the primary sponsors Wm. T. (Bill) Robinson III, Esq., ABA President; Member-in-Charge, Frost Brown Todd LLC, Florence, KY Katherine H. O Neil, Esq., Chair, ABA Commission on Disability Rights (CDR); ABA Board of Governers (BOG) Liason, ABA CDR ( ); Partner, Graff & O Neil, Portland, OR Veta T. Richardson, Esq., President & CEO, Association of Corporate Counsel (ACC), Washington, DC Michele S. Gatto, Esq., Vice Chair ACC; Executive Vice President CorporateServices & Chief Legal Officer, National Life Group (NLG), Montpelier, VT Simone Wu, Chair Elect, Minority Corporate Counsel Association (MCCA); Senior Vice President, General Counsel & Corporate Secretary, Choice Hotels International, Inc., Washington, DC Session I: ADAAA One Year After the Regulations: Employment of Lawyers Examines the role of the Americans with Disabilities Act Amendments Act (ADAAA) of 2008 and the Equal Employment Opportunity Commission s final regulations in eliminating disability-based discrimination in the workplace and promoting diversity and inclusion by enabling qualified individuals with disabilities to participate in the workforce. Panelists will focus on (1) the significant changes made to the definition of disability, reinstating a broad scope of protection under the Americans with Disabilities Act, (2) the impact of the ADAAA and the regulations on reasonable accommodation requests and costs to employers, and (3) the benefits to the workforce of providing accommodations. MODERATOR: Howard F. Fulfrost, Esq., Partner, Fagen, Friedman, & Fulfrost, LLP; Member, ABA CDR, Los Angeles, CA Peter D. Blanck, J.D., Ph.D., University Professor and Chairman, Burton Blatt Institute (BBI), Syracuse University, Syracuse, NY Honorable Chai R. Feldblum, Esq., Commissioner, U.S. Equal Employment Opportunity Commission (EEOC), Washington, DC

8 Program Schedule Tuesday, May 8, :30 a.m. - 10:30 a.m. Thurgood Marshall 10:30 a.m. 10:45 a.m. Thurgood Marshall Ballroom Foyer, Mezzanine 10:45 a.m. 11:45 a.m. Thurgood Marshall Session II: Disability Inclusion in the Legal Profession: Status and Prospects Explores the current state of diversity and inclusion of lawyers with disabilities in the legal profession, offering empirical data on the employment of this group, and discusses initiatives taken by law firms, corporate legal departments, and other legal employers to eliminate bias and foster inclusion. MODERATOR: Honorable Judge Adrienne C. Nelson, Multnomah County Circuit Court, State of Oregon Judicial Department; Member, ABA CDR, Portland, OR Robert J. Grey, Jr., Esq., Past President, ABA ( ); Partner, Hunton & Williams LLP; Executive Director, Leadership Council on Legal Diversity (LCLD), Richmond, VA James G. Leipold, J.D., Executive Director, National Association for Legal Placement (NALP), Washington, DC Jason S. Capili, Senior Manager, AA, and EEO Compliance, PricewaterhouseCoopers, LLP (PwC), New York, NY Break Session III: Entering the Pipeline: Admissions to Law School and the Bar Examines the distinct challenges encountered by law students with disabilities, as well prospective law students with disabilities, in entering the legal profession. Discusses the duty of test administrators and law schools under both Titles II and III of the Americans with Disabilities Act and the Department of Justice s implementing regulations to provide students with disabilities with accommodations for taking law school admissions tests, law school exams, and bar exams that best ensure that the examination results accurately reflect the individual s aptitude or achievement level rather than the individual s disability, and to offer examinations in an accessible place and manner. MODERATOR: C harles S. Brown, Esq., Director, American Action Fund for Blind Children and Adults; Member, ABA CDR, Baltimore, MD D aniel F. Goldstein, Esq., Partner, Brown, Goldstein & Levy, LLP, Baltimore, MD K athleen Dillon Narko, J.D., Clinical Associate Professor of Law, Northwestern University School of Law, Chicago, IL J o Anne Simon, Esq., Owner, Law Office of Jo Anne Simon, New York, NY

9 Program Schedule Tuesday, May 8, :45 a.m. 12:45 p.m. Thurgood Marshall Session IV: Inclusion of Lawyers with Disabilities: The Federal Perspective on Best Practices Features a dialogue on diversity and inclusion of lawyers with disabilities in the United States government and offers employers a compilation of best practices to serve as a resource for being a model employer and crafting diversity plans that address disability. Examines the duty of state and federal employers under Title I of the Americans with Disabilities Act, the Equal Employment Opportunity Commission s implementing regulations, and the Rehabilitation Act to accommodate lawyers with disabilities in the workplace and eliminate discrimination. MODERATOR: Joan M. Durocher, Esq., General Counsel & Director of Policy, National Council on Disability (NCD); Section of Business Law Liaison, ABA CDR; Former Member, ABA CDR, Washington, DC Gregory J. Hlibok, Esq., Chief, Disability Rights Office, Consumer & Governmental Affairs, Federal Communications Commission (FCC), Washington, DC Andrew J. Imparato, Esq., Senior Counsel & Disability Director, Committee on Health, Education, Labor and Pensions (HELP), U.S. Senate, Washington, DC Jo Linda Johnson, Esq., Director, Training & Outreach Division, Office of Federal Operations, EEOC, Washington, DC 12:45 p.m. 2:15 p.m. Thurgood Marshall Ballroom South & West, Mezzanine Lunch/Keynote Speaker Intro by Wm. T. (Bill) Robinson III, Esq., ABA President; Member-in-Charge, Frost Brown Todd LLC, Florence, KY SPEAKER: Deputy Secretary Seth D. Harris, Esq., Deputy Secretary, U.S. Department of Labor (DOL), Washington, DC

10 Program Schedule Tuesday, May 8, :15 p.m. 3:15 p.m. Thurgood Marshall 3:15 p.m. 3:30 p.m. Thurgood Marshall Ballroom Foyer, Mezzanine 3:30 p.m. 4:30 p.m. Thurgood Marshall Session V: Mentoring As a Building Block for Disability Inclusion in the Workplace Examines the key role that mentoring plays in furthering the inclusion, in particular the hiring, retention and promotion, of persons with disabilities in the legal profession. Discusses the benefits that the mentoring relationship offers to both lawyers with disabilities (mentors) and law students and novice lawyers with disabilities (mentees) and provides tips for creating and maintaining a successful relationship. Also, highlights mentoring programs developed by the American Bar Association, law firms, corporations, and state bars. MODERATOR: Mildred A. Rivera-Rau, Esq., Acting Branch Chief, Agency Oversight Division, Federal Sector Programs, Office of Federal Operations, EEOC; Member, ABA CDR, Washington, DC Jared D. Hager, Esq., Associate, Perkins Coie LLP, Seattle, WA Michelle C. Nash, Senior Consultant, Shannon & Manch, LLP, Washington, DC Shannon Brady Geihsler, Esq., Chair, Mentorship Committee, Disability Issues Committee of the State Bar of Texas; Owner, Law Office of Shannon Brady Geihsler, PLLC, Lubbock, TX Break Session VI: Lawyers with Disabilities: Personal Strategies for Success Features lawyers with disabilities in nonprofit, academic, government, and private firm work who share their personal career experiences and offer strategies to both law students and lawyers with disabilities for building meaningful and successful careers. Discusses the duty of employers under Title I of the Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission s implementing regulations to provide reasonable accommodations for lawyers with disabilities, as well as what medical exams and inquiries are permissible under the ADA, and offers advice for engaging in productive interactive processes with employers regarding accommodations. MODERATOR: Honorable Chief Judge Richard S. Brown, State of Wisconsin Court of Appeals; Member and Past Chair ( ), ABA CDR, Waukesha, WI Lauren E. DeBruicker, Esq., Partner, Duane Morris LLP, Philadelphia, PA Randal S. Farber, Esq., Partner, Jackson Walker, LLP; Board Member, National Association of Blind Lawyers, Houston, TX Claudia L. Gordon, Esq., Special Assistant to the Director, Office of Federal Contract Compliance Programs, DOL, Washington, DC

11 Program Schedule Tuesday, May 8, :30 p.m. 5:30 p.m. Thurgood Marshall 6:00 p.m. 8:00 p.m. Wilson Room A, B, & C, Mezzanine Session VII: Disability Inclusion: Corporate and Law Firm Best Practices MODERATOR: Scott C. LaBarre, Esq., LaBarre Law Offices, P.C.; President, National Association of Blind Lawyers (NABL); Member and Past Chair ( ), ABA CDR, Denver, CO Jane Kow, Esq., Owner, HR Law Consultants, San Francisco, CA Michele S. Gatto, Esq., Vice Chair ACC; Executive Vice President Corporate Services & Chief Legal Officer, NLG, Montpilier, VT, Wm. T. (Bill) Robinson III, Esq., ABA President; Member-in-Charge, Frost Brown Todd LLC, Florence, KY Networking Reception CLE Credit ABA programs ordinarily receive CLE credit in AL, AK, AZ, AR, CA, CO, DE, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MN, MS, MO, MT, NV, NH, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, VI, WA, WV, WI, and WY. These states sometimes do not approve a pro gram for credit before the program occurs. This course is expected to qualify for 6.0 CLE credit hours in 60-minute-hour states, and 7.2 credit hours in 50-minute-hour states. This transitional program is approved for both newly admitted and experienced attorneys in NY. For more in formation about CLE accreditation in your state, visit or contact Michael J. Stratton at michael. stratton@americanbar.org or (202) Commission on Disability Rights

12 Speakers and Moderators at the Conference Charles S. Brown, Esq., Conference Committee Chair Peter D. Blanck, Ph.D., J.D. Honorable Judge Richard S. Brown Jason S. Capili Lauren E. DeBruicker, Esq. Joan M. Durocher, Esq. Randal S. Farber, Esq. Honorable Commissioner Chai R. Feldblum, Esq. Howard F. Fulfrost, Esq. Michele S. Gatto, Esq., ACC Vice Chair Shannon Brady Geihsler, Esq. Daniel F. Goldstein, Esq. Claudia L. Gordon, Esq. Robert J. Grey, Jr., Esq., ABA Past President ( ) Jared D. Hager, Esq. Deputy Secretary Seth D. Harris, Esq. Gregory J. Hlibok, Esq. Andrew J. Imparato, Esq. Jo Linda Johnson, Esq. Jane Kow, Esq. Scott C. LaBarre, Esq. James G. Leipold, J.D. Kathleen Dillon Narko, J.D. Michelle C. Nash Honorable Judge Adrienne C. Nelson Katherine H. O Neil, Esq., Commission Chair Jo Anne Simon, Esq. Veta T. Richardson, Esq. Mildred A. Rivera-Rau, Esq. Wm. T. (Bill) Robinson III, ABA President Simone Wu, Esq., MCCA Chair Elect Commission s National Conference Committee Charlie Brown, Committee Chair Katherine O Neil, Commission Chair Angela Scott Peggy Foran Gregg Formella Staff Amy Allbright, Director Michael Stratton

13 To promote the ABA s commitment to our commitment to diversity, including diversity regarding individuals with mental, physical, and sensory disabilities, in the legal profession Commission Members Katherine H. O Neil, Chair Portland, OR Charles S. Brown Baltimore, MD Hon. Judge Richard S. Brown Waukesha, WI Howard J. Fulfrost Los Angeles, CA Hon. Judge Kristin Booth Glen New York, NY P. Faye Kuo Austin, TX Scott C. LaBarre Denver, CO Hon. Judge Adrienne C. Nelson Portland, OR Paula D. Pearlman Los Angeles, CA Margaret D. Plane Salt Lake City, UT Mildred A. Rivera-Rau Washington, DC Hon. Mayor Thomas L. Rouse Erlanger, KY Anna M. Scholin San Francisco, CA Angela J. Scott Windsor Mill, MD Carole L. Worthington Knoxville, TN Commission Liaisons Board of Governors James F. Carr Littleton, CO Section of Business Law Margaret M. Foran Newark, NJ General Practice, Solo & Small Firm Division Alyssa K. Ehrlich San Diego, CA Section of Individual Rights and Responsibilities Alex Hurder Nashville, TN Section of International Law Edmund G. Howe, MD Bethesda, MD Section of Labor and Employment Law Gregg M. Formella DFW Airport, TX Law Student Division George P. Burns, Jr. White Plains, NY Section of Science & Technology Law Lucy L. Thompson Falls Church, VA Section of Tort Trial & Insurance Practice Alan S. Rachlin New York, NY Young Lawyers Division Sheria E. Holmes Memphis, TN Center for Racial and Ethnic Diversity Christopher Griffin Tampa, FL Commission on Youth at Risk Hon. Judge Marguerite D. Downing Monterey Park, CA Staff Amy L. Allbright, Director Michael J. Stratton

14 Commission on Disability Rights Commission on Disability Rights (CDR) American Bar Association th Street, NW Washington, DC (Fax) Please visit us at