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Workshop 2

Assessing the Legal Risks of Your Assessments

Presenters: Kathleen Kappy Lundquist, Ph.D., APTMetrics; Lawrence Ashe, Esq., Ashe, Parker, Hudson, Rainer & Dobbs LLP

Coordinator: Lorin Mueller, Federation of State Boards of Physical Therapy

Target Audience:  Intermediate; this workshop should be of interest to practitioners (in internal or external roles) who are responsible for developing or implementing human resource processes in medium to large-size organizations.


This workshop will assist practitioners to assess the legal risks associated with selection, compensation, performance management, and downsizing efforts within the organizations they serve. We will review the significant new court decisions and regulatory initiatives that impact those processes and discuss strategies for ensuring their legal defensibility.

Detailed Description:

It has been an active year for the courts, the EEOC, and the OFCCP, resulting in new case law, aggressive regulatory oversight, and new regulations which impact the legal defensibility of HR processes. These changes, along with the talent management challenges presented by globalization and the economic situation, have significant implications for I-O psychologists who develop HR processes for organizations or advise organizations on the design and defensibility of such processes. This workshop will: (a) review the significant new court decisions 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 and regulatory initiatives impacting the employment arena
  • Assess the impact of these decisions and initiatives on existing selection, compensation, performance management, and downsizing processes
  • Identify potential modifications to processes that might improve legal defensibility

Kathleen Kappy Lundquist is a nationally-recognized expert in the design and implementation of HR processes who frequently testifies as an expert witness in employment discrimination class-actions for both defendants and plaintiffs. She has been court-appointed to implement improved HR processes following settlements for organizations such as Morgan Stanley, Bank of America, Dell, Sodexo, The Coca-Cola Company, Abercrombie & Fitch, Ford Motor Company, and the Federal Bureau of Investigation, and has served as both a Monitor and a Special Master in the resolution of employment litigation.

Dr. Lundquist is president and CEO of APTMetrics, Inc., an international firm which consults with Fortune® 100 employers on the design and implementation of HR processes. In consulting with clients, she recommends proactive measures to improve the fairness, validity, and legal defensibility of HR processes before they are challenged. Her clients range from multinational corporations in the finance, pharmaceutical, aerospace, telecommunications, and technology fields, to government and nonprofit employers.

Kathleen is a frequent presenter at SIOP, the American Bar Association, and the American Employment Law Council. She serves on the board of the National Council for Research on Women, the Maritime Aquarium at Norwalk, and is a recipient of the National Association of Women Business Owners Connecticut Woman Business Owner of the Year Award. Kathleen also serves as SIOP’s Financial Officer and is a member of the SIOP Executive Board.

Lawrence Ashe is in his 46th year of advising on and litigating employment law and civil rights matters. He is nationally recognized for his class-action and test validation experience and has been acclaimed by the National Law Journal as the "Dean of the Management Class Action Bar." He has tried more employment and employment selection class actions to judgment than any other management lawyer in the country, including some of the largest cases tried to date. Lawrence has been counsel of record in over fifty U.S. District Courts around the country and tried cases in over twenty. His honors and·offices include the Anti-Defamation League's first Judge Elbert Tuttle Distinguished Jurisprudence Award in 1998 and election to its Southeastern Regional Board in 2009, induction as a Fellow into both the American College of Trial Lawyers and the College of Labor and Employment Lawyers, Chair of the EEO Law Committee of the Defense Research Institute and founding director of the successor American Employment Law Council. He graduated magna cum laude from Princeton University (1962), cum laude from Harvard Law School (1967), and is admitted to practice in Georgia and the District of Columbia, as well as numerous federal trial and appellate courts around the country, including the U.S. Supreme Court. Lawrence is the Northern District of Georgia's representative on the Lawyer Conduct and Discipline Committee of the U.S. Court of Appeals for the Eleventh Circuit (2001- to date), having previously served on the Disciplinary Committee for the U.S. District Court for the Northern District of Georgia. Lawrence's civil rights practice is 10-15% representation of plaintiffs and the balance defendants. Test validity and other employment selection issues are over one-third of his practice. Lawrence is the sole "Star Individual" in Chambers USA's 2012 Listing of Labor and Employment lawyers in Georgia, as he was in 2010 and 20 II. He was named Atlanta "Litigation and Labor and Employment Lawyer of the Year" for 2012 by Atlanta Best Lawyers.

R. Lawrence Ashe, Jr., Esq. is now Senior Counsel at Parker, Hudson, Rainer & Dobbs LLP in Atlanta, Georgia.