Presented by:

Employment Discrimination Law

September 17, 2013 Foster Pepper PLLC Seattle, Washington

Hear From The Agencies

Table of Contents

Presentations

Speaker Bios Steve Peltin, Foster Pepper PLLC

Alicia Feichtmeir, Foster Pepper PLLC

Karina Bull, Seattle Office for Civil Rights

Cheryl Strobert, Washington State Human Rights Commission

Roderick Ustanik, Equal Employment Opportunity Commission

Presented by:

Presented by:

Presentation

Hear From The Agencies

Employment Discrimination Law

Foster Pepper PLLCSeptember 17, 2013

22

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3

Today’s Program

New Developments In Employment and Labor Law

Presentations by:

Karina Bull, Seattle Office for Civil Rights

Cheryl Strobert, Washington State Human Rights

Commission

Roderick Ustanik, Equal Employment Opportunity

Commission

Questions & Answers

New Developments in Employment and Labor Law

Affordable Care Act Updates

Health Insurance Exchange Notice deadline – October 1, 2013

Health insurance exchanges begin January 1, 2014

Notice requirement covers nearly all employers, regardless of size and whether they offer health insurance

DOL model notices available

Read more here

Coverage mandate postponed to 2015

Applies to employers with at least 50 FTEs

More time to implement coverage and reporting systems

Read more here

6

Defining “Supervisors” Under Title VII

Vance v. Ball State University, 133 S. Ct. 2434, 2438.

“Supervisor” can “take tangible employment action” and “effect a

significant change in employment status or benefits,” i.e., hire, fire,

demote, promote, transfer or discipline.

Caution: Be careful who has authority – can bind employer

Caution: Different definitions of supervisor under other laws

Read more here

7

Seattle’s “Ban The Box” Legislation

“Second Chance Bill” effective November 1, 2013

No categorical exclusion of individuals with criminal history

No inquiry into criminal history until after initial screen

No adverse employment action due to criminal history unless

"legitimate business reason"

Exceptions: Required federal background checks, law enforcement,

security, working with children and vulnerable populations

Caution: Additional Title VII enforcement by EEOC

Read more here

8

Wage Theft - A Summer of Protests

Wage theft: illegal withholding of wages, including working

off the clock, denial of breaks, or otherwise being

underpaid

2011 Seattle ordinance criminalizes wage theft

Wave of protests and criminal complaints by fast food

workers

Related minimum wage issues

9

Hot Topics – On The Blog

Bring Your Own Device (BYOD) Policies – Are They Right for Your

Workplace? (Read it here)

Workplace Violence – Confronting Threats and Managing Risks

(Read it here)

Exempt Status of Mortgage Loan Officers (Read it here)

Foster Pepper’s Comprehensive FMLA Guide (Read it here)

Employer Compliance with Seattle Sick and Safe Leave (Read it here)

Visit www.washingtonworkplacelaw.com for the latest Employment & Labor Law updates.

Karina Bull

Seattle Office for Civil Rights

Foster Pepper PLLCSeptember 17, 2013

SEATTLE OFFICE FOR CIVIL RIGHTS

EMPLOYMENT DISCRIMINATION

Seattle Office for Civil Rights

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September 17, 2013 by Karina Bull

Seattle Office for Civil Rights

A department within the City of Seattle that seeks to eliminatethe practice and remnants of racism and achieve social justice inthe City by:

Enforcing laws regarding discrimination (employment, housing, public accommodations, fair contracting), paid sick & safe time, and jobs assistance ordinance*

Providing policy recommendations and outreach

Coordinating the Race & Social Justice Initiative

*use of criminal history in employment decision

Enforcement Discrimination –

LAWS http://www.seattle.gov/civilrights/outreach.htm

EMPLOYMENT DISCRIMINATION LAWS

SMC 14.04

Title VII*

ADA*

ADEA*

ADMINISTRATIVE RULES -

SHRR

Chapter 40 –

Enforcement Procedure

Chapter 46 –

Appeals Procedure

* EEOC Contract

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Employment Discrimination -

BASICS

Applies to employers with one or more employees

Prohibits an adverse action on the basis of protected class

Hiring

Promotion

Change in pay or workload

Discharge

Retaliation

Requires reasonable accommodation for an employee with a disability

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Protected Class Seattle WA Federal

Race

Disability

Age (40+)

Sex

National Origin

Sexual Orientation

Religion

Color

Gender Identity

Marital Status

Ancestry

Political Ideology

Ancestry

Creed

Genetic Information

Honorably Discharged Veteran/Military Status

*Retaliation

Employment Discrimination -

CHARGE

CHARGE

SOCR Intake Office

180 Day Statute of Limitations

Incident occurred in Seattle

Employer has requisite number of employees

Alleged “Prima Facie Case”

of Discrimination

Charging Party Signature

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Employment Discrimination-INVESTIGATION

INVESTGATION

*Settlement always an option

Response from Respondent

Interview with Charging Party

Request for additional information from Respondent

Interviews with Witnesses and Collection of Documents

Verbal notice of Determination

Closure

Findings and Conclusions for “No Cause”

or “Reasonable Cause”

Administrative Closures for settlement, withdrawal, dismissal, etc.

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Employment Discrimination -

NC & RC

NO CAUSE

30 day Statute of Limitations for Appeal

Appeal brief by SOCR (optional for Respondent)

Appeal review by Seattle Human Rights Commission

Affirmation or Remand for further investigation

REASONABLE CAUSE

Conciliation

Hearing Examiner

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TIPS, INITIATIVES, CONTACT INFO

Seattle Office for Civil Rights

SOCR -

TIPS

Before Charge

Document, document, document

Create written policies and establish HR/Management contacts

Contact SOCR for technical assistance

After Charge

Provide comprehensive response to the charge that addresses each allegation and element of the “prima facie case”

with a narrative description and documentation

Call investigator with questions and updates

Consider mediation or settlement

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SOCR –

INITIATIVES

Enforcement

Streamlining Investigations

Customer Service

Paid Sick and Safe Time Ordinance

Jobs Assistance Ordinance (Rules finalized in October 2013)

Policy

Task Force for Gender Equity in Pay

Increasing Awareness of Legal Requirements

Technical Assistance

Business Involvement in RSJI

RACE Exhibit at Pacific Science Center

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SOCR –

Contact Information

Seattle Office for Civil Rights

810 Third Avenue South, Suite 750Seattle, WA 98104(phone) 206-684-4500 / (fax) 206-684-0332http://www.seattle.gov/civilrights/

Karina Bull, Business Liaison

(phone) 206-684-4536(email) karina.bull@seattle.gov

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Cheryl Strobert

Washington State Human Rights Commission

Foster Pepper PLLCSeptember 17, 2013

RESPONDING TO  EMPLOYMENT DISCRIMINATION 

COMPLAINTS

Washington State Human Rights Commission

• Established in 1949 by the Washington State Legislature to administer the Washington Law Against Discrimination, RCW 49.60

• The Mission

of the Washington State Human Rights

Commission is to prevent and eliminate discrimination through the fair application of the law, the efficient use of resources, and the establishment of productive partnerships in the community.

• Neutral, Fact-Finding, Law Enforcement Agency

• Complaint Investigation, Alternative Dispute Resolution, Education and Outreach, Technical Assistance

• 1-800-233-3247

• www.hum.wa.gov

AGENCY STRUCTURE• Five Commissioners Appointed by the Governor• Commission Clerk• Executive Director• Management• Investigative Staff• Administrative Staff• Offices: Olympia Headquarters, Spokane, plus a

satellite office in Seattle, Vancouver, Everett and Yakima

RESPONDING TO A  FORMAL COMPLAINT 

• Is an Extension of Time to Respond Needed?• Address Allegations of the Complaint: Legal

Theory and Elements• Evidence and Supporting Documentation: e.g.

witness statements, personnel records, performance reports, doctor’s notes, correspondence, comparative data…

• Documentation for each assertion

Common Theories of Employment Common Theories of Employment DiscriminationDiscrimination

• Disparate Treatment

• Failure to Accommodate a Disability

• Harassment/Hostile Work Environment

• Retaliation

CASE DISPOSITION AND  RESOLUTION

• Fact Finding Conference

• Pre-Finding Settlement Agreement

• Findings of Fact and Conclusion of Full Investigation

• Administrative Closures

• Administrative Hearing via Attorney General’s Office

EMPLOYER RESPONSIBILITY: REASONABLE CARE,

Best Practices • Policies: Discrimination/Retaliation/Harassment/Reasonable

Accommodation • Dissemination of Policies/Reporting Procedures to Staff • Training for Staff and Management• Reviewing Policy with New Employees• Signed Acknowledgment of Policies/Reporting Procedures/Training• Clear Reporting Procedures for Employees with Non-Retaliation Policy• Alternative Reporting Procedures if Discrimination by Supervisor• Investigation of All complaints, Observed or Reported• Effective, Appropriate Corrective Action• Enforce Policies Consistently• Take All Complaints Seriously

The Best Response

• Take All Complaints Seriously

• Put Policies and Procedures in Place, Inform Staff, Apply Consistently

• Promptly Investigate and Address any Instances of Discrimination, Harassment, or Reasonable Accommodation Requests (Interactive Process)

• Keep track of Supporting Documentation, and Evidence, e.g. witness statements, correspondence, personnel records, performance reviews, doctor’s notes…

• Legitimate, Non-Discriminatory Reason for any Adverse Action

• Address the Allegations

• Relevant Comparative Data

• Timely Responses to Requests for Information

CONTACT INFORMATIONCONTACT INFORMATION Washington State Human Rights CommissionWashington State Human Rights Commission

Headquarters Office711 S. Capitol Way

Ste. 402

P.O. Box 42490

Olympia, WA 98504

Toll Free 1-800-233-3247 TTY 1-800-300-7525

Website www.hum.wa.gov

Spokane OfficeRock Point Plaza III

1330 N. Washington St.

Ste. 2460

Spokane, WA 99201

Roderick Ustanik

Equal Employment Opportunity Commission

Foster Pepper PLLCSeptember 17, 2013

Roderick Ustanik, Enforcement SupervisorSeattle Field Office EEOC

Roderick.Ustanik@eeoc.gov; (206) 220-6850www.eeoc.gov

U.S. Equal Employment Opportunity Commission

The EEOC is the key civil rights agency responsible for enforcing federal laws that prohibit employment discrimination.www.eeoc.gov

The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law.

Our role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding.

Our mission is to promote equal opportunity in employment through:

outreach and education,

compliance and/or voluntary settlement, and, where necessary,

the rigorous enforcement of the federal civil rights employment laws through administrative and judicial actions.

Title VII of the Civil Rights Act of 1964 (Title VII)

15 employees or more

Equal Pay Act of 1963 (EPA)

At least one other employee of the opposite sex

Age Discrimination in Employment Act of 1967 (ADEA) 20 employees or more

Americans with Disabilities Act of 1990, as amended

15 employees or more

Genetic Information Nondiscrimination Act of 2008 (GINA)

15 employees or more

Race

National Origin Color

Genetic Information

Religion Disability Sex/Pregnancy Age 40 & older

I. Eliminating systemic barriers in recruitment and hiring.

Barriers:

exclusionary practices and policies

Steering individuals into jobs based on protected category

Restrictive application processes

Use of screening tools with adverse impactGroups affected:

Racial and Ethnic MinoritiesOlder workersWomenIndividuals with Disabilities

II. Protecting Immigrant, migrant and other vulnerable workers

Target:

Disparate pay

Job segregation

Harassment

Human Trafficking

Discriminatory Language Policies

Why?! Vulnerable workers may be unaware of their rights under EO Laws, or be reluctant or unable to exercise them

III. Address emerging issues

Issue 1-

ADAAA

Coverage Issus

Proper application of ADA defenses

Undue Hardship

Direct Threat

Business Necessity

Issue 2-

LGBT

Coverage under Title VII provisions

Issue 3 –

Pregnancy

Women being forced onto unpaid leave after being denied accommodations

IV. Preserving access to the legal system

Barriers:

Policies and practices intended to discourage or prohibit the exercise of rights under discrimination statutes or impede EEOC Investigation.

V. Combating harassment

Basis for harassment:

Race

Color

Ethnicity

Religion

Sex

Age

Disability

* re-evaluate strategies

*National Education & Outreach campaign for employers and employees

1. Hiring, ADA & LGBT issues will be a priority

2. Education and Outreach is key

SEP online as of 1 October 2012 and will remain in effect until 30 September 2016.

strategic.plan@eeoc.gov

Arrest Records

Conviction Records

Credit Checks

Social Media in Making Employment Decisions

“Recent Graduate”

preferences for management training programs

The same (basic EEOC legal positions) but different (more thorough analysis)

Acknowledges importance of disparate treatment

Reiterates that the fact of an arrest, standing alone, does not establish that criminal conduct occurred, but that in some circumstances an arrest may prompt an inquiry into whether the underlying conduct justifies an adverse employment action.

Explains how employers can defend against disparate impact challenges –

analyzes law, provides detailed guidance

Responds to employer questions

Federal laws requiring background checks and exclusion from jobs

State laws requiring background checks and exclusion from jobs

Employer best practices

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In the Enforcement Guidance, the Commission states that there are two circumstances in which the it believes employers will consistently meet the “job related and consistent with business necessity”

standard.

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First, the employer validates the criminal conduct screen for the position in question per the Uniform Guidelines on Employee Selection Procedures standards (if data about criminal conduct as related to subsequent work performance is available and such validation is possible).

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Second, the employer develops a targeted screen considering at least the nature of the crime, the time elapsed, and the nature of the job (the three Green

factors), and then

provides an opportunity

for an individualized assessment before the employer acts based on the results of the targeted screen.

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A “targeted screen”

accounts for the three Green

factors:

The nature and gravity of the offense or conduct;

The time that has passed since the offense, conduct and/or completion of the sentence;

and

The nature of the job held or sought.

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Informing the individual that he may be excluded because of his past criminal conduct (typically, as identified by a targeted screen); and

Providing an opportunity to the individual to show that the exclusion does not properly apply to him, and considering his information.

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Information about the inaccuracy of his criminal record, for example.

Mistaken identity

Inaccurate reporting

Age at the time of conviction: younger vs. older

Consistency, quality, and length of employment history before and after the offense or conduct

Rehabilitation efforts (e.g., education/training), and

Employment/character references regarding fitness, among other factors.

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“Such a screen would need to be narrowly tailored to identify criminal conduct with a demonstrably tight nexus to the position in question.”

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Eliminating across-the-board policies that exclude people from employment based on any criminal record.

Developing a narrowly tailored written policy and procedure for screening applicants and employees for criminal conduct.

Training managers, hiring officials, and decision makers on how to implement the policy and procedures consistent with Title VII.

When asking questions about criminal records, limiting inquiries to records for which exclusion would be job related for the position in question and consistent with business necessity.

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Receiving a Charge Filed at EEOC

Minimally Sufficient Charge

Perfected Charge

Responding to the Request for Information

Need an extension request?

Alternative Dispute Resolution

Position Statements

Agency Review of Respondent Submissions

Additional Investigation, Onsites

Preliminary analysis/disposition recommendations

Hear From The Agencies

Employment Discrimination Law

Foster Pepper PLLCSeptember 17, 2013

Presented by:

Speaker Bios

Steven R. Peltin

Member   

Seattle T 206.447.6215 F 206.749.2094 pelts@foster.com

PRACTICES Employment and Labor Relations (Chair)

Financial Institutions

INDUSTRIES Emerging Companies and Venture Capital

Retail

PRACTICE OVERVIEW 

Steve chairs the firm’s Employment and Labor Relations practice and his practice covers the gamut of employment and labor law. His advice practice is dedicated to helping employers solve problems such as employee discipline and discharge, leaves of absence, discrimination and harassment claims, and threats of employee violence. Steve enhances employee handbooks and prepares and negotiates employment, confidentiality, and non-compete agreements. He also counsels executives and professionals on employment and separation agreements, and assists with corporate transactions such as purchases and sales of businesses.

Steve has extensive experience in litigation and represents public and private employers in lawsuits claiming discrimination, harassment, wrongful discharge and violations of wage and hour, employee benefits, trade secrets, and non-compete obligations. He also appears before local, state, and federal administrative agencies and arbitrators in employment and labor matters.

REPRESENTATIVE CASES 

Won a jury trial for an employer accused of age discrimination by laid-off union employee.

Prevailed in a hearing before the United States Department of Labor brought by a union business agent who claimed that the company conspired with the union to discharge him.

Co-counsel in class action claiming pay for commuting in company vehicle; certification defeated and individual claim resolved promptly.

Co-counsel for large employers in two U.S. Department of Labor collective actions claiming that employees worked off the clock; summary judgment obtained in one case, and the other was settled favorably.

Won summary judgment on discrimination / harassment claim for financial services company.

Obtained temporary restraining orders in two cases where employees removed and refused to return computerized documents and information.

Won summary judgment on sex bias claim by male employee of performing arts client.

Steven R. Peltin (continued) 

Convinced OSHA that a safety whistleblower on a construction site was not

subject to a hostile work environment.

Obtained anti–harassment orders against former employees.

Defended company in ERISA case brought by former executive seeking payments under a Supplemental Executive Retirement Plan.

REPRESENTATIVE TRANSACTIONS 

Employment and labor counsel in sales of business, including drafting of purchase agreement language, preparation of offer letters, executive employment agreements and employee communications.

Assistance to client in reductions in force.

Counseling of clients facing threats of workplace violence.

Creation of documentation for background investigations, hiring, leaves of absence, requests for disability accommodation, last chance agreements and severance agreements.

Preparation on policies such as travel pay, use of cell phones and social media.

Management training on employment law topics, including avoiding harassment and discrimination, performance management and hiring.

HONORS & AWARDS 

The Best Lawyers in America® Labor Law – Management, 2012-2014 Litigation – Labor & Employment, 2013-2014

Best in the Business: Leading Lawyers in the Puget Sound Region, Seattle Business magazine Labor: Management, 2013 Litigation: Labor & Employment, 2013

PROFESSIONAL/CIVIC ACTIVITIES 

Seattle Theatre Group Board of Directors Executive Committee

University Preparatory Academy Board of Directors, 2011-2012 Chair of Personnel Committee, 2011-2012

Foster Pepper Pro Bono Featured in 2012 Pro Bono Annual Report

 

 

 

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Steven R. Peltin (continued) 

PUBLICATIONS 

Steve Peltin is a frequent contributor to Foster Pepper’s Washington Workplace Law blog. See the latest at www.washingtonworkplacelaw.com. “Updated FMLA Guide Now Available,” August 2013 “Employers Should Confront Threats Of Workplace Violence,” August

2013 “Many Employers Out Of Compliance With Seattle Sick And Safe Leave

Ordinance,” July 2013 “New Decision Continues Uncertainty Over Exempt Status of Mortgage

Loan Officers,” July 2013 “What We’re Reading: Offensive Speech Edition,” June 2013 “Happy Birthday FMLA! Lots of Presents for Employers,” April 2013 “The Seattle Office for Civil Rights Clarifies Its Interpretation of

‘Occasional Employee’,” November 2012 “Ho Ho Ho? Employers Should Be Careful of Holiday Parties,”

November 2012 “#1 Again: Washington State Raises Minimum Wage for 2013,”

November 2012 “What We’re Reading: Improving Performance Through ‘Loss

Aversion’?” September 2012 “Employee or Independent Contractor? Washington Supreme Court

Changes the Rules – Part Two,” July 2012 “Employee or Independent Contractor? Washington Supreme Court

Changes the Rules,” July 2012 “Railroads Challenge Seattle Sick Leave Ordinance,” May 2012 “Not So Fast III: NLRB Employer Posting Requirement Again Delayed,”

April 2012 “Can’t I Require a Job Applicant to Have a High School Diploma?”

January 2012 “Not So Fast II: NLRB Again Delays Employer Posting Requirements,”

January 2012 “Court Rejects Arbitration Award Reinstating Employee Who Hung

Noose at Work,” October 2011 “Interns & Volunteers: Do We Really Have to Pay Them?” July 2011 “Letting Someone Else Dig for the Dirt: Hiring Vendors to Assist in

Social Media Searches,” July 2011 “Some Things Don’t Have to Be In Writing: Supreme Court Protects

Employees Against Retaliation After Making Verbal Complaints of Wage and Hour Violations,” March 2011

“Unsafe at Any Speed: Unauthorized Passengers in Employer-Owned Vehicles May Sue Employer for Driver’s Negligence,” February 2011

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Steven R. Peltin (continued) 

Additional Publications “Effective Negotiation of Executive Employment Agreements,” Author, Inside

the Minds: Negotiating and Employment Agreements, Leading Lawyers on Constructing Effective Employment Contracts, 2012 Edition

“Employers: Beware of High School Diploma Requirements,” Author, WIB HR & Training Digest, February 2012

“Bad Acts: Smaller Employers Should Confront Threats of On-The-Job Physical Assaults,” Author, Washington Journal

“Telecommuting: Legal and Management Risks For Employers,” Author, Corporate Counsel magazine

“Reducing Telecommuting Management Risks,” Author, National Underwriter magazine

“How To Reduce Workplace Violence,” Author, National Underwriter magazine

“50-State Survey of Employment Libel and Privacy Law, Washington Chapter,” Author, Media Law & Resource Center

“Hiring Employees: Disability Questions and Medical Exams,” Author, Realty & Building

“Workplace Sexual Harassment,” Author, Realty & Building

“Hidden Threats – There are steps you can take to prevent violence in the workplace,” Co-author, Washington CEO magazine

NEWS 

“Court Overturns Loan Officer Overtime Ruling in ‘Win’ by MBA,” Quoted in Reverse Mortgage Daily, July 2013

“’In Person’ Feature - Best Practices for Employers to Comply with the City of Seattle's Paid Sick and Safe Time Ordinance,” Interviewed in Puget Sound Business Journal, November 2012

“It's Not Just Paid Time Off -- It's the Law: Attorneys explain what Seattle's new sick leave ordinance means for employers,” Quoted in Puget Sound Business Journal, September 2011

“Your Office Away from the Office,” Quoted in Utah CEO Magazine

“Keeping violent employees out of the workplace,” Quoted in Risk Management Magazine

“10 Considerations in Developing Telecommuting Policies and Agreements,” Quoted in HR.COM

 

 

4 

Steven R. Peltin (continued) 

PRESENTATIONS 

“FMLA and Leave Law Update,” Speaker, 16th Annual Labor & Employment Law

“Wage & Hour Compliance – Beyond the Basics (Part II),” Speaker/Moderator, Foster Pepper Client Briefing

“Wage & Hour Compliance – Beyond the Basics (Part I),” Speaker/Moderator, Foster Pepper Client Briefing

“Filling the Empty Chairs: Legal and Effective Hiring,” Speaker/Moderator, Foster Pepper Client Briefing

“Out of Sight But Not Out of Mind: Untangling Leave of Absence Requirements,” Speaker, 14th Annual Labor & Employment Law Seminar, The Seminar Group

“Understanding Seattle Paid Sick and Safe Time” Speaker, Washington Trucking Associations Speaker, Northwest Marine Trade Association

“Seattle Paid Sick and Safe Time: Practical Guidance Employers Need to Know,” Speaker/Moderator, Foster Pepper Client Briefing

“Legal Issues for Startups: Employment Law,” Presenter, SURF Incubator

“Employment Law Challenges for Public Employers and Current Developments under the Public Employees Collective Bargaining Act,” Panelist, 2012 Association of Washington Housing Authorities (AWHA) Meeting

“Reasonably Accommodating Employees with Disabilities,” Speaker/Moderator, Foster Pepper Client Briefing

“High-Stakes Employment and IP Protections: Protect your Company from Increasing Employment Risks and Shield your Valuable Intellectual Property,” Panelist, Foster Pepper and Washington State Chapter of ACC America

“Conducting Effective Workplace Investigations,” Speaker/Moderator, Foster Pepper Client Briefing

“Managing the Process of Labor Negotiations,” Panelist, Washington Fire Commissioners Association 63rd Annual Conference

“Out of Sight but Not Out of Mind: Untangling Employer Obligations under FMLA and Other Leave Statutes,” Speaker/Moderator, Foster Pepper Client Briefing

“Social Media in the Workplace,” Speaker/Moderator, Foster Pepper Client Briefing

5 

Steven R. Peltin (continued) 

6 

“Payroll Management,” Speaker, Lorman Educational Services

“Time Off: State and Federal Laws on Employee Leave, Vacations and Holidays,” Speaker, Lorman Educational Services

“Recent Developments under the Family and Medical Leave Act,” Speaker, National Council of State Housing Agencies

“10 Scary Issues You Need to Know About Your Employees,” Speaker, ASTRA Women’s Business Alliance

“New Developments in Employment Law,” Speaker, Seattle CFO Arts Roundtable

“Best Practice in FMLA Administration,” Speaker, Council on Education in Management

“Conducting Effective Investigations Into Employee Complaints,” Speaker, PUD and Municipal Attorneys Association

“Cyberstalking: The Washington Employer's Perspective,” Speaker, King County Bar Association

“Workplace Investigations,” Speaker, Council on Education in Management

“Email and the Internet – Legal Challenges for Employers,” Speaker, PUD and Municipal Attorneys Association

PROFESSIONAL BACKGROUND 

Foster Pepper PLLC, Member, 2010-Present

K&L Gates LLP (formerly Preston Gates & Ellis, LLP), Partner, 1998-2010

Georgia-Pacific Corporation, Senior Counsel, 1996-1998

Altheimer & Gray (Chicago, IL), Associate and Partner, 1986-1996

Isham Lincoln & Beale (Chicago, IL), Associate, 1983-1986

U.S. District Court for the Western District of Wisconsin, Law Clerk for Hon. John C. Shabaz, 1982-1983

ADMISSIONS 

Washington, 1999

Illinois, 1983 (Inactive)

EDUCATION 

J.D., Cornell Law School (cum laude), 1983

B.A., University of Wisconsin-Madison (with distinction), 1978 Phi Beta Kappa

Alicia M. Feichtmeir 

Associate   

Seattle T 206.447.8929 F 206.749.2003 feica@foster.com

PRACTICES Litigation and Dispute Resolution

Employment and Labor Relations

INDUSTRIES Transportation Industries

PRACTICE OVERVIEW 

Alicia is an associate in the firm’s Litigation and Dispute Resolution group, where she focuses on resolution of civil cases, including employment disputes, commercial litigation, environmental, and regulatory issues. She counsels clients on all aspects of the litigation process, including case strategy, risk evaluation, discovery and trial planning.

Alicia’s Employment and Labor Relations practice includes defending managers in litigation involving discrimination, wrongful discharge, and unemployment claims. She has assisted employers with preventative work including employee handbooks and management policies.

PROFESSIONAL/CIVIC ACTIVITIES 

Federal Bar Association of the Western District of Washington, Website/Communications Committee Co-Chair, 2011-Present

Solid Ground Family Assistance Program, Advisory Board Member, 2009-Present

Foster Pepper Pro Bono Featured in 2012 Foster Pepper Pro Bono Annual Report Featured in 2010 Foster Pepper Pro Bono Annual Report

NEWS 

“Judicial Candidates Pledge Ethical Campaigns,” May 20, 2010

PUBLICATIONS 

Alicia Feichtmeir is a contributor to two of Foster Pepper's blogs: Local Open Government Blog - www.localopengovernment.com Washington Workplace Law Blog - www.washingtonworkplacelaw.com

“Advocating for the Native American Child: Comprehensive Overview of the Indian Child Welfare Act,” Chapter Contributor, Native American Practice Group and CASA CLE Manual, November 2008

PRESENTATIONS 

“Wage & Hour Compliance – Beyond the Basics (Part II),” Presenter, Seattle, WA – May 2013

Alicia M. Feichtmeir (continued) 

2 

“Intellectual Property Ownership and Public Employment,” Co-presenter, Association of Washington Cities, 33rd Annual AWC Labor Relations Institute, Yakima, WA, May 2013

“Wage & Hour Compliance – Beyond the Basics (Part I),” Presenter, Seattle, WA, February 2013

"Mandatory/Permissive Bargaining" and "Public Records/Information Disclosure,” Speaker, Managing the Process of Labor Relations, Spokane, WA, October 2011

PROFESSIONAL BACKGROUND 

Foster Pepper PLLC Associate, 2010-Present Summer Associate, 2008

Solid Ground (Fremont Public Association), Legal Intern, 2007-2008

Immigrant Families Advocacy Project, University of Washington School of Law, Volunteer Advocate, 2007-2009

Seattle Art Museum, Community Campaign Coordinator, 2005-2006

ADMISSIONS 

Washington, 2009

U.S. District Court Western District of Washington, 2011 Eastern District of Washington, 2011

EDUCATION 

J.D., University of Washington School of Law, 2009 Washington Law Review, Articles Editor Law Women’s Caucus, Alumnae Event Chair

B.A., Wesleyan University, 2003

 

     

Karina Bull Karina Bull has been with the Seattle Office for Civil Rights (SOCR) since 2006. Initially, she worked as a senior civil rights analyst and investigated discrimination complaints in employment, housing, contracting and public accommodations. In 2011, she became the staff lead for enforcement of the Paid Sick and Safe Time (PSST) ordinance. In this role, she drafted PSST administrative rules, handled all employee complaints and provided technical assistance to thousands of employers. After her work on PSST, Karina was inspired to focus on broader level change through policy and community engagement. She transitioned to a new business liaison position at SOCR in summer 2013. Previous to SOCR, Karina worked in human resources at City of Seattle’s Human Services Department; clerked at Multnomah County Attorney’s office and civil rights law firms focusing on transportation equity, education and farm worker rights; and directed arts education programs for at-risk students and their teachers. Along the way, she worked part-time jobs in the private sector including an internet start-up and retail stores/restaurants. Karina earned her law degree from Lewis and Clark School of Law in 2004 and is licensed to practice in Washington state. She earned her undergraduate degrees in English and History from Vanderbilt University in 1992. During her free time in Nashville, Karina volunteered as a DJ at a community radio station for 13 years. Currently, she chases after three young kids and tries to spend as much time as possible cycling, enjoying the outdoors and moving beyond beginner-level guitar.  

 

Cheryl Strobert

Cheryl Strobert received her B.A. from Mount Holyoke College, M.A. from Adelphi University and J.D. from Gonzaga University. Following law school she was an Assistant Attorney General with the state of Washington, and a King County Deputy Prosecuting Attorney in the Criminal Division. She has worked with the State of Washington for over 20 years in a variety of different capacities in various state agencies including the Washington State Ferries, the Commission on African American Affairs, the Department of Labor and Industries, and the Department of Licensing. She is currently the Deputy Director with the Washington State Human Rights Commission where she has worked for 8 years.   

Roderick Ustanik Roderick Ustanik graduated with a Mathematics/Economics major from Indiana University and graduated with an M.B.A. from Seattle University. Mr. Ustanik began working for the U.S. Equal Employment Opportunity Commission in 1979, and is now an Enforcement Supervisor for charge processing. He has been involved in extensive training and development of EEOC employees, and has been the small business liaison to the public providing guidance to employers for the last six years.