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2023 CASHRM Legal Update

  • 03/13/2023
  • 8:00 AM - 12:00 PM
  • 5700 Westpark Dr, Charlotte, NC 28217

Registration

  • The fee for this meeting is included in your annual CASHRM membership. As this is an event with food, a $50 no-show fee will be applied to your membership account if you register for the event but do not attend the event.

Registration is closed

Join us for our annual legal update! We will be releasing information regarding our speakers and topics very soon. Please stay tuned!

Agenda

8:00AM - Breakfast and Opening Remarks

8:30AM-9:20AM:Navigating the Nuances of Reasonable Accommodation Under the ADA

Presented by: Melinda Dugas, Regional Attorney, EEOC

Questions from 9:20AM-9:30AM

9:30AM-9:40AM - Break 

9:45AM-10:35AM: Mental Health Issues in the Workplace

Presented By: Associates Kelly Walker and Joshua Adams from Jackson Lewis, P.C

Questions from 10:35AM-10:45AM

10:45AM-10:55AM - Break 

11:00AM-11:50AM: Artificial Intelligence and HR Decision-Making: A Primer on AI Tools and Human Resource Decisions

Presented By: Matt Brown of Counsel from Litter, P.C 

Questions from 11:50AM-12:00PM

12:00PM - Meeting adjourned 


Date/Time

Monday, March 13, 2023 

7:45 AM - 12:00 PM


Location

Sonesta Charlotte Executive Park

5700 Westpark Dr

Charlotte, NC 28217

(This event will be in-person without a virtual attendee option)


Additional Information About Our Presentations 

Presentation: Navigating the Nuances of Reasonable Accommodation Under the ADA, Melinda Dugas, Regional Attorney, EEOC.

What You'll Learn

  • Understanding employer responsibility in the reasonable accommodation process
  • Recognizing when to engage in the interactive process
  • Evaluating reasonable accommodation
  • Reducing risk

Presentation: Mental Health Issues in the Workplace

What You'll Learn: 

  • It is imperative that employers communicate resources available for mental health conditions during the onboarding process and throughout the employment relationship. Employers are largely unaware of their employee populations with mental disorders, and in some respects, the ADA discourages initiation of discussions with employees about such conditions for fear that such individuals will be “regarded” as disabled under the ADA.
  • As a basic rule, a leave of absence can be a reasonable accommodation under the ADA. However, there are limits, as an indefinite and open-ended leave is not a reasonable accommodation.
  • If the FMLA entitles an employee to leave, an employer may not, instead, require an employee continue working with a reasonable accommodation.

Presentation: Artificial Intelligence and HR Decision-Making: A Primer on AI Tools and Human Resource Decisions

What You'll Learn

Employers are increasingly using artificial intelligence (AI) to help make important human resources decisions. As AI becomes more prevalent, federal and state governments are enacting legislation, and promulgating regulations that address algorithmic decision-making and potential biases associated with these methods. In this session, we will discuss how organizations are using AI in areas like recruiting, hiring, performance management, and throughout the employment life cycle.


Speaker Information:

Melinda C. Dugas joined the EEOC as Regional Attorney for the EEOC’s Charlotte District in November 2020.  Through the Office of General Counsel, Melinda plays a key role in managing the Agency’s Enforcement Litigation Program.   Melinda has over 20 years of experience as a litigation attorney and has represented employees as well as public and private employers of all sizes in employment discrimination cases.  As a labor and employment defense attorney, Melinda counseled employers on general employment law matters, focusing on compliance and litigation avoidance.  She has pursued and defended employment litigation claims under many state and federal statutes, including discrimination claims under Title VII of the Civil Rights act of 1964, the Americans with Disabilities Act and the Age Discrimination in Employment Act. https://www.eeoc.gov/

_______________________________________________________________

Joshua R. Adams is an associate in the Charlotte, North Carolina, office of Jackson Lewis P.C. Josh exclusively represents employers in a broad range of employment-related disputes and litigation, including claims brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Fair Labor Standards Act, and the Family and Medical Leave Act. In 2020, Josh also became part of the firm’s COVID-19 task force, responding to the unique challenges created by the pandemic.

Prior to joining Jackson Lewis, Josh was an associate at a large regional firm representing employers and insurance carriers in workers’ compensation claims before the North Carolina Industrial Commission. He also has broad experience handling general civil defense litigation across the state. 

Josh also served as a judicial intern for both Hon. Chief Judge Pamela L. Reeves of the United States District Court for the Eastern District of Tennessee, as well as the Hon. Chief Justice Sharon G. Lee of the Tennessee Supreme Court. 

At Wake Forest University School of Law, Josh received several accolades, including being inducted into the prestigious Order of Barristers; a member of the Moot Court Board; Notes and Comments Editor of the Journal of Business and Intellectual Property Law; Captain of the nationally-ranked AAJ Trial Team; Champion of the 1L Walker Moot Court Competition; and served as a teaching assistant for legal writing.

After more than eighteen years of practice with his parents, Josh was also crowned a Tennessee State and National Champion with the Speech and Debate Team at Carson-Newman University. When he’s not in the office, Josh can usually be found at his local CrossFit box or on his couch cheering for Manchester United.

_______________________________________________________________

Kelly A. Walker is an associate in the Charlotte, North Carolina, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters and litigation, including preventive advice and counseling.

Prior to joining Jackson Lewis, Kelly was an associate her first several years of practice at a plaintiff’s firm. She later transitioned to a large regional firm representing employers, insurance carriers, and third-party administrators. Kelly represented clients in all stages of the litigation process, from initial evaluation through litigation, mediation, and appeal. It was here that Kelly discovered her passion for representing businesses, corporations, and carriers, to assist with exposure analysis and problem solving. 

Kelly represents employers in a broad range of employment-related disputes and litigation, including claims brought under Title VII of the Civil Rights Act of 1964, the American with Disabilities Act, the Fair Labor Standards Act, and North Carolina’s Retaliatory Employment Discrimination Act.

When she is not in the office, Kelly can be found trying out new local restaurants or attending different sporting events cheering on her North Carolina teams. 

_______________________________________________________________

Management looks to Matt Brown for his distinctive labor and employment experience. With a unique background as a state official and a defense attorney, he provides legal representation that aligns with his clients’ business goals.    

As an appeals hearing officer for the state of South Carolina, Matt presided over thousands of disputes involving dismissed workers, their former employers and complex unemployment insurance claims. He would hear testimony from both parties, review the facts of each case and issue decisions in compliance with state and federal law.

That quasi-judicial role advanced Matt’s tactical litigation skills when he later moved into private practice and defended clients in a range of industries, including governmental entities and municipalities; colleges and universities; and local businesses and international corporations. He has defended clients against an assortment of claims under the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 and Section 1983 (42 U.S.C. § 1983).

Among the positive results Matt has secured for his clients are the following:

  • Obtained summary judgment in federal court on behalf of a municipality that was sued by a former police officer who alleged wrongful termination and failure to accommodate in violation of the ADA.
  • Favorably resolved a lawsuit in defending a South Carolina university in a wrongful termination action brought by a former professor.
  • Successfully defended a national church in a property dispute involving principles of corporate law with several local congregations in South Carolina.

Matt advises clients on employment policies and procedures related to the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA), among others, and guides employers in preparing legally compliant employee handbooks. 

He helped start the Phi Delta Phi chapter at the Charleston School of Law and served as an officer for the fraternity.

info@charlotteshrm.org

CASHRM     

PO Box 36156

Charlotte, NC

28236                       



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