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Workshop 15
Trends in Employment Law:  Ricci and Beyond

Presenters:    Kathleen K. Lundquist, APT, Inc.
                    R. Lawrence Ashe, Jr., Ashe, Rafuse & Hill, LLP

Coordinator:   Liberty J. Munson, Microsoft Corporation

The Supreme Court’s much-publicized decision in the controversial New Haven Firefighters case (Ricci v. DeStefano) is just one of many new developments in the area of employment law. It has been an active year for the courts, Congress, and the Obama administration, resulting in new legislation and regulations that impact the legal defensibility of HR processes. These changes, along with the talent management challenges presented by the global economic crisis, have significant implications for I-O psychologists who develop HR processes for organizations or who advise organizations on the design and defensibility of such processes. This workshop will include (a) a review of the significant new court decisions, legislation, and regulations relating to employment practices; (b) discuss the implications for the design of selection, compensation, performance management, and downsizing processes, and (c) propose options for aligning HR processes with the new legal environment. This workshop should be of interest to practitioners who are responsible for developing or implementing assessment or selection systems in any type of organization, either in a consulting or internal role.

This workshop is designed to help participants:

• Summarize the significant recent court decisions, legislation, and regulatory initiatives impacting the employment arena
• Assess the impact of these decisions and legislation on existing selection, compensation, performance management, and downsizing processes
• Identify potential modifications to processes that might improve legal defensibility

Kathleen K. Lundquist has nearly 30 years experience in consulting on the design and implementation of legally defensible HR processes. She testifies frequently as an expert witness in employment discrimination class-action lawsuits for both defendants and plaintiffs.  As a result of class-action settlements, she also serves as a court-appointed expert in human resources processes for organizations such as The Coca-Cola Company, Morgan Stanley/Smith Barney, Abercrombie & Fitch, Ford Motor Company, the Federal Bureau of Investigation, and the Library of Congress. Dr. Lundquist is president and CEO of APT, an international firm; clients range from multinational corporations in the finance, pharmaceutical, aerospace, telecommunications, and technology fields to government and nonprofit employers. She is a former research associate with the National Academy of Sciences, a fellow in psychometrics with the Psychological Corporation, and a summer research fellow with the Educational Testing Service. She is a frequent presenter at the American Bar Association’s EEO Committee and the American Employment Law Council. She received her doctorate in psychology with a specialization in psychometrics from Fordham University.

Lawrence Ashe has over 42 years of experience practicing employment law. About a third of his time has been spent on employment testing issues. Lawrence has been lead trial counsel for employers and testing consultants in more class actions than any other practicing attorney. His most high-profile success was in the defense of California’s teacher licensing test when it was challenged by a class of over 50,000 would-be K-12 public school teachers. (See AMAE v. California, 836 F. Supp. 1535 [N.D. Calif. 1993], appeal denied, 183 F.3d 1055 [9th Cir. 1999], aff’d, 231 F.3d 572 [9th Cir. 2000][en banc]). This is the largest employment testing case ever tried to judgment. Lawrence has also authored or edited every “Scored Tests” chapter of Lindeman & Grossman’s Employment Discrimination Law (BNA 4th Ed. 2007). Lawrence received his law degree cum laude from Harvard Law School in 1967. He is a partner in and chair of Ashe, Rafuse & Hill, a specialty employment law and general litigation firm, based in Atlanta, which he co-founded in 2003.