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Access to Justice: Employment & Labor Law Considerations
Original Program Date :


Presenters will discuss topics related to access to justice issues in the employment context, including: (1) disability-related employment issues and trends in  enforcement by the EEOC/ACRD; (2) ethical issues that may arise in the course of pro bono work; (3) union organizing issues and trends, such as acceptable workplace behavior when employees are engaged in organizing efforts; (4) defamation issues and what employees and employers can do as it relates to  social media use; (5) criminal history issues, including background checks, recidivism, and hiring those with criminal histories; and (6) ADR-related issues that have arisen under the Ending Forced Arbitration Act. 

What You’ll Learn:
1. Strategies for handling defamation in the social media context, employee organizing in the workplace, and employment issues with respect to hiring those with criminal histories
2. Best practices and practical solutions for ethical issues that arise with pro bono work and ADR-related issues arising after the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
3. Recent changes in the enforcement trends of the EEOC and ACRD regarding disability discrimination claims

Presented by: Employment and Labor Law Section

Ivelisse Bonilla, Awerkamp Bonilla & Giles PLC
Ivelisse Bonilla has practiced civil rights and employment and labor law for 27 years. Since 2013, Ivelisse has been listed as one of The Best Lawyers in America in Employment Law-Individuals, as one of the Southwest Super Lawyers in Employment and Labor Law, and in Tucson Lifestyle and one of the best lawyers in Tucson in Employment Law. In 1997, Ivelisse joined McConnell Valdes representing employers. From 2000 to 2001, she served as Deputy General Counsel for the Puerto Rico Federal Affairs Administration in Washington, D.C. While in Washington, she pursued an L.L.M., with a concentration in employment law at Georgetown University. She then returned to McConnell Valdes to continue her practice. In 2004, she moved to Tucson and in 2008, Ivelisse and Don Awerkamp formed Awerkamp & Bonilla, PLC, now Awerkamp, Bonilla & Giles, a law firm in Tucson practicing only employment law. Ivelisse is a past Chair of the Executive Committee of the State Bar of Arizona Labor and Employment Law Section and former President of the Federal Bar Association, Tucson Chapter. Ivelisse is also a Fellow of the College of Labor and Employment Lawyers.
C Christine Burns
Christian Blair Carlsen, Senior Litigation Counsel, Office of the Attorney General
Audrey Elaine Chastain, Associate, Snell & Wilmer LLP
is a labor and employment associate with Snell & Wilmer, L.L.P. She received her B.S. in Neuroscience & Cognitive Science and her B.S.H.S. in Physiology in 2014 from the University of Arizona and received her law degree from the University of Arizona James E. Rogers College of Law in 2017. In addition to co-chairing the State Bar Labor & Employment Section Tucson Lunch CLE Committee, Audrey serves on the Executive Committee for the Tucson Chapter of the Federal Bar Association and is a member of the Tucson Metro Chamber's Military Affairs Committee.
Samantha Elizabeth Cote
Samantha Cote is an associate in Snell & Wilmer’s labor and employment group. She has litigated various matters including personal injury disputes. Samantha assists clients in all phases of litigation including oral arguments, depositions, and motion practice. She has experience handling matters before the Office of Administrative Hearings and oral arguments before the Maricopa County Superior Court. Samantha also represents clients in mediations and settlement negotiations.
Judith Elizabeth Davila
Ty Derek Frankel
Amy L Lieberman, Mediator, Insight Employment Mediation
is the Executive Director of Insight Employment Mediation LLC, and is well-known in the field of ADR. Amy has been recognized for close to 15 years in “Best Lawyers in America”, “Southwest SuperLawyers,” and “Ranking Arizona – Top Lawyers in ADR”. In 2013, Amy was ranked as Arizona’s top ADR lawyer by Arizona Business Magazine. Amy has also recently been honored as among the Top 100 lawyers in Arizona, and the Top 25 female lawyers by Southwest Superlawyers.

Amy has resolved over 1600 lawsuits, individual and class claims, EEOC charges, internal disputes and executive conflicts. Her practice includes mediation, arbitration, investigation, facilitation and training. Amy is on the panel of neutrals for the American Arbitration Association and the National Academy of Distinguished Neutrals, among others. Amy is also designated as an Advanced Practitioner in Workplace Mediation and Arbitration by the Association for Conflict Resolution.

Ms. Lieberman is the author the acclaimed book, “Mediation Success: Get it Out, Get it Over, and Get Back to Business,” currently in use by several law schools and colleges, is a regular featured writer for the Arizona Attorney magazine and other business publications, and is a national speaker on ADR and workplace conflict resolution. (3/2018)
Brendan N Mahoney
Randal Boyd McDonald
Attorney Randy McDonald is a graduate of the Harvard Law School. He served as a judicial law clerk for then-Chief Justice of the Arizona Supreme Court, Scott Bales, and went on to practice at some of the finest law firms in Arizona, representing clients at all stages of litigation in both state and federal courts. During this time, he was mentored by Larry Hammond, the founder of the Arizona Justice Project, and developed a sizeable pro bono practice representing indigent criminal defendants in Arizona’s prisons.

Several years ago, he left “big law” to take a job as the Director of the Post-Conviction Clinic at Arizona State University’s Sandra Day O’Connor College of Law. In that capacity, he trains future lawyers on criminal appeals and post-conviction practice. He is well-known and well-respected in the criminal defense community and has a demonstrated track record of success in front of both state and federal courts.
Raeesabbas Mohamed, Partner, RM Warner, P.L.C
Patricia A Sallen
Patricia Sallen is a lawyer in private practice focusing on professional responsibility issues. She represents lawyers in discipline and admission matters, provides ethics advice to lawyers, serves as an expert witness on professional-responsibility issues, and consults on a myriad of other law-related topics. She regularly presents at CLE seminars and publishes articles about professional responsibility and writes the Eye on Ethics column for Arizona Attorney. She also has taught professional responsibility as an adjunct professor at the Arizona State University Sandra Day O'Connor College of Law for more than a decade. In addition to practicing in private law firms, she spent more than 15 years working for the State Bar of Arizona as both a bar counsel and ethics counsel and supervised programs such as the Fee Arbitration Program and Client Protection Fund. She served as expert consultant to the Arizona Supreme Court's 2014-15 comprehensive ethical rules review effort and to the Court's 2019-20 Task Force on the Delivery of Legal Services, which resulted in the groundbreaking rule changes allowing non-lawyer firm ownership and legal paraprofessionals. She currently serves on the State Bar's Ethics Advisory Group and the Supreme Court's Task Force on Ethics Rules Governing the State Attorney General, County Attorneys, and Other Public Lawyers.
Lynda C Shely, The Shely Firm PC
Lynda C. Shely, is a shareholder in Klinedinst PC in Phoenix, Arizona, where she provides legal ethics and Alternative Business Structure (ABS) law firm regulatory advice to lawyers and law firms. She advises firms on all legal ethics topics including fees, conflict waivers, advertising, trust accounts, ethical use of technology, and staff supervision obligations. Lynda was the 2020 – 2023 chair of the ABA Standing Committee on Ethics and Professional Responsibility, an Arizona Delegate in the ABA House of Delegates, and currently volunteers with several other nonbillable groups including as a member of the Arizona Supreme Court’s Alternative Business Structures Committee, the Arizona Supreme Court’s Steering Committee on AI and the Courts, the ABA Standing Committee on Professional Regulation, and the State Bar of Arizona Ethics Advisory Group. She is a past president of the Association of Professional Responsibility Lawyers, the National ABS Law Firm Association, and the Scottsdale Bar Association and has been an adjunct professor at all Arizona law schools, teaching professional responsibility. Previously she was the Director of Lawyer Ethics for the State Bar of Arizona and had her own solo practice for 21 years. Prior to moving to Arizona, Lynda was an attorney with Morgan, Lewis & Bockius in Washington, DC. Lynda received her BA from Franklin & Marshall College in Lancaster, PA and her JD from Catholic University in Washington, DC. She has received several awards for her contributions to the legal profession including most recently the 2022 Maricopa County Bar Association Member of the Year Award, the 2023 Maricopa County Bar Hall of Fame, and the 2024 AWLA Sarah Herring Sorin Award.

Nonnie L Shivers, Shareholder, Ogletree Deakins Nash Smoak & Stewart PC
is a shareholder at Ogletree Deakins Nash Smoak Stewart PC. Nonnie advises and counsels private and public employers in all aspects of employment law. Nonnie regularly partners with clients to plan and implement reductions in force, severance plans and agreements, and pre-litigation disciplinary matters. Nonnie’s unique practice also includes providing employment advice for employers doing business on the Navajo Nation and other tribal lands, including cultural and employment law training on unique tribal code requirements. Nonnie has successfully defended employers against allegations of discrimination, sexual harassment and wrongful termination in state and federal court, as well as administrative forums. Nonnie has handled hundreds of charges with the U.S. Equal Employment Opportunity Commission and the Arizona Civil Rights Division, as well as claims filed with the Industrial Commission of Arizona. Nonnie has also litigated whistleblower claims against air carriers under AIR 21 and handled investigations with numerous other federal agencies, including the U.S. Department of Labor. Nonnie regularly speaks and trains on current and emerging employment law topics, including recent presentations to industry and trade groups on gay, lesbian, bisexual and transgender workplace issues, joint employment challenges, avoidance of retaliation claims, etc. Nonnie’s advanced degree in education and years of experience as an instructor and student affairs professional at Arizona State University help make her training sessions and presentations one-of-a-kind. Nonnie has also published several scholarly articles focused on employment law, including a book chapter on the impact of reasonable workplace accommodations for employees with disabilities on employers and employees’ expectations of privacy outside the workplace. Nonnie has received numerous accolades recognizing her skills. Nonnie was named a Rising Star by Southwest Super Lawyers in 2012, 2013 and 2014. This distinction is awarded to attorneys under the age of 40 based on 12 indicators of peer recognition and professional achievement. Nonnie also obtained the recognition of the legal community by receiving an AV Preeminent Rating by Martindale Hubbell beginning in 2014. Prior to joining the firm, Ms. Shivers served as a law clerk to the Honorable Patricia K. Norris on the Arizona Court of Appeals.(4/2015)
Jeffrey Silence, Attorney, SIlence Law Group, PLLC

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