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Presentation Submission Management
Conference Year:2015
 Presenter Information
First Name:David
Last Name:Loefler
Certification:Attorney
Title:Attorney, of Counsel
Organization:Ogletree Deakins
Address:250 E. Wisconsin Avenue, Suite 1800
City:Milwaukee
State:WI
Zip:53202
Phone Number:4143475693
Alternate Phone:4143505835
Fax: 
Email:david.loefler@ogletreedeakins.com
Website: 
Biography:David F. Loeffler is an experienced litigator. The emphasis of his practice is in general labor and employment litigation, and white-collar criminal defense.

He argued successfully to the District of Columbia Court of Appeals that it was not a violation of the NLRA to discharge an employee believed by the employer to have engaged in boycott activities; to the Seventh Circuit Court of Appeals that an arbitrator exceeded his authority when he determined that a collective bargaining agreement contained external law and that the employer violated external law; and to the NLRB that all communication between counsel and client in the collective bargaining context is subject to attorney-client privilege.

David is the author of a chapter on Union-Management Relations in the State Bar of Wisconsin publication, Labor and Employment Law in Wisconsin and several newspaper articles: “Worker Replacement as a Moral Issue,” The Wall Street Journal, August 5, 1991 and “Repeal of the Targeted Jobs Credit Would Harm the Least Well-Off,” The Milwaukee Journal, June 3, 1987.

He is admitted to practice in Wisconsin and Michigan and before the U.S. Courts of Appeals for the Second, Sixth, Seventh and Eighth Circuits, the District of Columbia, and the U.S. Supreme Court.

David was a professor of law at Wayne State University in Michigan and at Florida State University. He was a law clerk to Justice Horace Wilkes at the Wisconsin Supreme Court.
Is at least 50% of your job duties a direct function of human resources?Y
Have you had a HR, Leadership or Management related book published in the last 10 years?Y
My company has been an exhibitor at the conference within the past three years.Y
My company has been an sponsor at the conference within the past three years.Y
My company has been an presenter at the conference within the past three years.Y
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 Correspondence
 PresentationInformationSeparator
Presentation Contact First Name:David
Presentation Contact Last Name:Loeffler
Presentation Contact Title:Attorney, of Counsel
Presentation Contact Organization Name:Ogletree Deakins
Presentation Contact Address:250 E. Wisconsin Avenue, Suite 1800
Presentation Contact City:Milwaukee
Presentation Contact State:WI
Presentation Contact Zip Code:53202
Presentation Contact Phone:4143475693
Presentation Contact Email:david.loeffler@ogletreedeakins.com
 ________________________________
 Reference Information
Reference Conference Name:Wisconsin State Bar Labor Conference - W. Kelly
Reference Presentation Date:1993-06-01
Reference First Name:Walt
Reference Last Name:Kelly
Reference Organziation:Labor Section, Wisconsin State Bar
Reference Title:Chairman
Reference Phone:4142716989
Reference Email:wkelly2@wi.rr.com
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 Presentation Information
Presentation Title:Motivation of Decision as Cause of Decision
Presentation Format:75 Minute Concurrent Learning Session
Presentation Track:Strategic/Business
Methodology:N/A
Presentation Topic:Relationship Management
Ability Level:Advanced 10 plus
HRCI Credits:YES
HRCI Number: 
 Program Overview & Learning Objectives
Program Overview:HR people regularly participate in employment decisions which generate litigation. Everybody knows that discrimination “because of,” [fill in the blank] is illegal under an array of federal and Wisconsin statutes. But what may be not so obvious is that, in light of a series of recent U.S. Supreme Court decisions, it is not so clear what it means to say, a particular employment decision “caused” harm to a person “because of” that person’s possession of a “protected” trait.

The presentation will analyze, in terms useful to the HR professional, different meanings of legal “causation” between an employment decision and the harm an individual claims to have suffered “because of” discrimination or retaliation.

The presentation will focus on contexts in which the subjective emotions of decision-makers toward the employee can be deemed the legal “cause” of the harm claimed. Emphasis will be placed on the concept of implicit bias as the legal “cause” of alleged discrimination – a concept slipping into judicial decisions.
Learning Objective 1:Participant will learn that different statutory provisions prohibiting discrimination entails different theories of causation between employer conduct and an adverse decision for the employee.
Learning Objective 2:Participant will learn the differences between but-for causation, multiple motive causation, necessary but not sufficient causation and sole sufficient causation. Participant should be able to handle these concepts within mainstream HR functions.
Learning Objective 3:Participant will also learn how to manage issues of implied and unconscious bias when the time comes to make a decision about a difficult employee.
 AV Equipment Information
Additional Equipment: 
Additional Equipment Special Request:Hand-held microphone
TV monitor
laser pointer
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I understand that if I am selected to present I am responsible for providing my own laptop for my presentation.Y
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 Acceptance of Terms
Yes I Accept Terms:Y
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 Co-Presenter Add
Do You have any Co-Presenters:NO
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Submittal
 Thank You