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Barbriefs
Louisville Bar Association October 2021
Not all “months” begin on the 1st.
What began as a one-week event back in 1968 has grown
into what is known as Hispanic Heritage Month—a
commemoration from September 15 to October 15 that
celebrates the histories, cultures and contributions of citizens
of Hispanic origin to America’s national heritage.
This Paper is 100% Recyclable
CONTENTS
FEATURES
VOLUME 21, NO. 10
Editorial Offices: 7
600 W. Main Street, Ste. 110
Louisville, KY 40202-4917
Geospatial Data and Employee Privacy:
Phone: (502) 583-5314 • Fax: (502) 583-4113 What do Kentucky Employers Need to Know?
admin@loubar.org • www.loubar.org
Employees currently have few privacy protections from employers who use technology
Shannon Greer Kimberly E. Kasey to track their activities or productivity.
Managing Editor Graphic Designer By Alexandra Dunn
Editorial Board
Bruce A. Brightwell, chair Anne K. Guillory
12
Bonita K. Black Lindsy Lopez COVID-19, Labor Shortages and Reasonable
Courtney L. Baird Kristin E. McCall Accommodations under the ADA
Dorothy J. Chambers Charles E. Ricketts Jr.
As they struggle to maintain a workforce during the pandemic, some employers may be required to provide
reasonable accomodations to qualified applicants and employees with disabilities.
By Calesia Henson, Paul Goatley & Amy Miles
Louisville Bar Association Board of Directors
Deena G. Ombres — President
Seth A. Gladstein — President-Elect
Kate Lacy Crosby — Vice President & Treasurer
Bryan R. Armstrong — Secretary
Peter H. Wayne IV — Past President
M. Beth Anderson Caroline G. Meena
Colleen English Balderson Anuj G. Rastogi
Bonita K. Black Hon. Shelley M. Santry
Thomas C. Gleason
Jennifer Ward Kleier
Aleah Schutze
Thomas B. Simms
Departments
Hon. Angela McCormick Bisig — Jefferson Circuit Court 6 Public Service
Amy D. Cubbage — KBA Vice President
Kate A. Dunnington — Women Lawyers Association
Thanks to our Back to School Drive Participants!
Maria A. Fernandez — ABA House of Delegates
Hon. Lori Goodwin — Jefferson Family Court 8 Legal Aid Society
Ashlea Nicole Hellmann — Young Lawyers Section A Very Pro Booono Halloween
Demetrius Holloway — National Bar Association
Theresa Men — UofL School of Law
Michael J. O’Connell — Jefferson County Attorney
Susan D. Phillips — KBA Board of Governors
5
John E. Selent — LBF President
Lars S. Smith — Interim Dean, UofL School of Law In this issue
Leo G. Smith — Louisville Metro Public Defender
J. Tanner Watkins — KBA Board of Governors 4 Jeopardy Category Potpourri – Jury Trials are Back
Hon. Erica Lee Williams — Jefferson District Court By Chief Judge Angela McCormick Bisig
Thomas B. Wine — Jefferson County Commonwealth’s Attorney
Kent Wicker — Counsel 9 Call for Papers
James B. Martin Jr. — Tax Counsel Mental Health and the Legal Profession Symposium
D. Scott Furkin — Executive Director
14 Classifieds
Louisville Bar Foundation Board of Directors 15 Members on the Move
John E. Selent — President
Philip C. Eschels — President-Elect
Gretchen C. Avery — Vice President & Treasurer 15 Call for Nominations
Charles H. Stopher — Secretary
Angela McCorkle Buckler — Past President
Deena G. Ombres — LBA President
7
Seth A. Gladstein — LBA President-Elect Events
Peter H. Wayne IV — LBA Past President
5 LBA Night at Rabbit Hole Distillery
Kelly White Bryant Sara Veeneman Judd
Kevin C. Burke Benjamin J. Lewis
J. Christopher Coffman Jessica R.C. Malloy 5 Meeting Schedules
Nicole T. Cook Loren T. Prizant
Cynthia B. Doll John O. Sheller 7 Lawlapalooza
Gregory T. Dutton Lars S. Smith
Ingrid V. Geiser Virginia H. Snell
Hon. Angela Johnson Joseph C. Ventura
10 Kentucky Commercial Real Estate Conference
Samuel E. Jones
11 CLE
Samuel G. Graber — Tax Counsel
Jeffrey A. Been — Executive Director 13 From Students to Lawyers
Celebrating 20 Years of the Central High School Pipeline Program
BAR BRIEFS is a monthly paper published by the Louisville Bar
Association. The LBA does not necessarily share or endorse any
particular views expressed in this paper by contributors thereto.
The views are those of thoughtful contributors. Advertising does
not imply endorsement by the LBA of products or services or any
statements made concerning them.
13
The mission of the Louisville Bar Association is to promote justice,
professional excellence and respect for the law, improve public
understanding of the legal system, facilitate access to legal services
and serve the members of the association.
2 Louisville Bar Briefs www.loubar.org
PRESIDENT’S PAGE
Musings
Just recently, we commemorated the 20th anniversary of the World Trade Center terrorist at- the 1918 influenza pandemic: schools opening and
tack. I thought back to that day—I remember what a beautiful blue sky we had in Louisville closing, temperature changes (change of seasons)
that morning as I drove to the Judicial Center. It was what you hope for in September: the hint and human behavioral changes in response to the
and promise of cool, crisp and bright fall days without the miserable humidity of August. I was outbreak.
at my desk in what used to be Division 16 in Jefferson Circuit Court, researching cases for a
Today’s COVID public health crisis is polarizing,
pending motion, when shortly before 9 a.m., the sheriffs on the 9th floor back hallway started
which surprises me to a certain extent. The different
running and when they start running, you know that cannot be a good thing.
schools of thought about it cover the spectrum, from
We gathered around the TV in Judge Ann Shake’s chambers and watched the breaking news. As the people who do not believe it exists to those who
we watched flames and smoke bellow from the North Tower of the World Trade Center, I saw think it is a judgment from God. Conventional sci-
another plane fly by only to watch the live footage as it hit the South Tower. Within minutes, the ence tells me that COVID exists and it evolved from
Judicial Center went on lock down and we were glued to the TV in disbelief, confusion and shock. other viruses. We can debate its specific origins in
another 20 years.
As the minutes ticked by, we learned a third plane hit the Pentagon and then a fourth plane went
down in a field outside of Shanksville, Pennsylvania when its passengers attempted to subdue Masking mandates and now vaccination mandates
the hijackers; those passengers had learned through phone calls that the other three flights had have created a further divide among our society.
already been crashed into buildings. Investigators later determined that the fourth plane’s target But what I had hoped to see from our community and society at large was the same kind of
was either the White House or the U.S. Capitol. I continued to watch the television coverage come together moment (OK, now it would be several moments) we experienced 20 years ago
that day as the 110-story Towers collapsed, killing those who were unable to escape as well in order for us to stop the pandemic “bad guy” within our country. The mindset that we’ll do
“
as others who were in the vicinity of the World Trade Center. what we need to do as long as we need to do it, so we protect
and care for our friends, family and neighbors. You know, the
The attacks resulted in 2,977 fatalities. More than 90 countries
part where we are nicer and more considerate to each other.
lost citizens in the attack. Over 1,100 victims still have not been
identified from the remains. It was the deadliest terrorist attack As the COVID pandemic drags on, I am just as weary and
in history. The smoke, dust and debris from the collapse of fatigued by it as the next person. I recognize that not everyone
the World Trade Center Towers was seen and felt for months. can or will be vaccinated, which is their personal decision. I
Exposure to the toxins in the debris caused negative health ef- respect that. It just adds into my calculus of where I go, who
fects to first responders, residents and office workers in Lower
What I’d like to see is a little less societal and politi- I go with and my decision to wear a mask when inside public
Manhattan. The World Trade Center Health Program, created spaces, especially with this latest spike in COVID cases. Our
in 2010, continues to provide testing and treatment for people
cal polarization and a lot more working together, behavior choices can impact the spread of the virus, which is
suffering from long-term health issues related to the attack. what was seen in the 1918 influenza pandemic, as well as with
not just to stop the spread of COVID, but for a whole any other infectious disease be it chicken pox, whooping cough
Immediately after the attacks, there was a cultural shift in this
or a norovirus/stomach bug.
country. There was a greater focus on friends, family and host of other issues that plague our society, like
neighbors. And let’s face it, we were nicer to each other. We Objectively, I see the different sides of the mandate coins,
recognized that our lives could be changed in the blink of an eye homelessness and socio-economic imbalances. and there are multiple coins. The mask mandates seem much
by forces outside of our control. We set aside our differences easier for me to support, maybe because they are not quite as
and focused on our commonalities. We helped each other when permanent, and they make common sense in terms of stopping
we saw someone struggling or needing an extra boost. Attor- the spread of the virus. You can remove your mask when you
neys volunteered to assist victims and their families through are alone, at home or perhaps outside. It is a temporary and
the quagmire of the compensation fund process; there are at- minor inconvenience. As I write this, however, I am not sure
torneys who continue that pro bono work today to ensure that the victims and their families yet how I feel about mandating COVID vaccinations. Again, I believe that is a personal choice
are compensated for their losses. that an individual should be able to make about their own body and health, which also applies
to other health decisions a person may make about her own body. I’d like to think, however,
The aftereffects of the World Trade Center attack live on today. The Homeland Security Depart-
that if a person decides not to vaccinate that they will then use some common sense and take
ment was born. Airport security changed and we learned to take off our shoes, jackets and belts
other precautions, like wearing a mask and social distancing, to stop the spread of the virus.
as we walked through the metal detectors, pull out our laptops and other electronic devices,
and only bring three ounces of liquids in a quart-sized clear bag in our carry-on luggage. But What I’d like to see is a little less societal and political polarization and a lot more working
we accepted these changes because they made us safer and protected us from the “bad guys.” together, not just to stop the spread of COVID, but for a whole host of other issues that plague
our society, like homelessness and socio-economic imbalances. I’d like us to revisit the time
Fast forward to 2021. One of today’s “bad guys” is COVID, I hope we can agree on that.
20 years ago when everyone was nicer to each other as we came together as a nation in our
The impact that it has had on our society, culture and economy over the past 19 months is
grief from the World Trade Center attack. Let’s stop judging people for the decisions that they
astounding. If history is an indicator, we can and should look to the 1918 influenza pandemic
make and consider that there may be good reasons for those decisions. Differences of opinion
as a potential guide. I read The Great Influenza by John M. Barry at the start of COVID and
are expected, but to silence or “cancel” a person because their decision or opinion differs from
highly recommend it.
yours is not only unfair but also undermines the ability to problem-solve for an issue. Look for
Contrary to its other name, Spanish flu, the first confirmed cases originated in Kansas. Scientists the commonalities and agreement on issues and build upon that foundation.
still do not agree how the virus originated but suspect that it was passed from birds to swine to
Kentucky’s state motto is “United we stand, divided we fall”—we do better when we work to-
humans. The 1918 flu had an unusually high mortality rate for young adults. Two years after
gether, focus on our commonalities and goals and help each other through the tough times. I
the first confirmed cases and four successive waves of the virus (sound familiar?), an estimated
cannot say it better than Todd Beamer did: Let’s roll.
500 million people had been infected. Approximately 25 – 50 million people died, with infection
hastened by the close quarters and troop movements of World War I.
The public health response was similar in October 1918 as it has been today. Quarantines, Be well,
curfews and social distancing were implemented and wearing face masks became common.
Mass gatherings were restricted. Businesses opened and closed on staggered shifts to avoid
overcrowding. Like today, there was resistance to wearing face masks and the enforcement of
various restrictions was varied. At the time, there were no anti-viral vaccinations or drugs to Deena G. Ombres
treat the Spanish flu. A study done in 2013 showed that there were three factors that impacted LBA President
www.loubar.org October 2021 3
Jeopardy Category Potpourri – Jury Trials are Back
Chief Judge Angela McCormick Bisig
My family and I are avid Jeopardy watchers. lectively, we pivoted with the use of confer- deliberation rooms. The sole exception to an “audio-conference” function that allows
From my conversations with other “law ence calls, Zoom, Skype and other remote the mask mandate is made for an arguing at- our phone to broadcast over the courtroom
types,” many of you are as well. My husband platforms. As a result, hearings and other torney or witness on the witness stand behind microphones and speakers. The individual
and I record all Jeopardy episodes and watch case conferences continued, the exception a piece of plexiglass. An effort has been made on the phone is also captured directly into
them together with some of our grown chil- was the important jury trial. by attorneys to use courtroom technology for the court record. I am told this technology
dren in intense competition in the evenings. publishing exhibits rather than passing them creates a slight “echo” effect for the remote
Jury trials were discontinued during the pan-
We engage in smack-talk and know our around in the jury box. We also conduct juror users, but it does allow communication be-
demic because of the inability to gather large
strengths and weaknesses in typical catego- orientation in smaller groups down in the jury tween all participants. I commend the bar for
crowds of 200 to 300 people in the jury pool
ries. Our unique family tradition is regardless room. Overall, these 26 trials have been suc- its adaptability and flexibility in functioning
room. Further, gathering 40 to 50 people
of who gets the most correct answers during cessfully held without Covid complications. in these challenging circumstances.
in a venire panel in a single courtroom also
the game, anyone who guesses the answer
created a situation that was untenable when Who Is Working Towards a New The circuit judges have received feedback
to the final Jeopardy question from the an-
it was necessary to keep six to eight feet of that many of you prefer the option to appear
nouncement of the category alone, without
social distance. As of the end of May 2021, we Larger Courtroom? at motion hour remotely. As a result, we are
the actual clue, wins that night’s game. Prior to 2020 and the onset of the Covid
resumed jury trials here in the court system. all allowing either remote or in-person at-
If you regularly watch Jeopardy, you know We have successfully conducted 26 trials in pandemic, we in circuit court had discussions tendance by civil attorneys at motion hour.
that occasionally the writers make a “pot- circuit court. Of those, 14 have been criminal about converting the large jury pool room Prior to Covid, attorneys were able to obtain
pourri” category. This category means they trials and 16 have been civil trials. We have currently used for gathering jurors, master future court dates or schedule trials off docket
have a number of interesting questions that also safely conducted four bench trials. commissioner sales, investitures, retirements with the court administrative staff. With this
fit no particular theme. For this month’s col- and other activities around the courthouse to new hybrid method, be aware motion hour
I’ve held quite a few jury trials in my own a large courtroom. The emergency protocols
umn, I have several updates for the readers, may take more time as scheduling issues are
court. In my experience, the juries have been established during the Covid pandemic made
so the Jeopardy potpourri category came to resolved, and dates are given, in real time
hearty and hardworking. In the early days we it more obvious that we needed a large multi-
mind. While I will not be asking questions during the motion hour docket.
conducted voir dire spread out six to eight purpose courtroom in Jefferson County.
at the end of this article, the following is my
feet in the large jury pool room on the second Why ARe Business Court Rules
version of legal potpourri. In true homage Judge Haner’s courtroom in Division 1 is the
floor. Currently we are conducting voir dire
to Alex Trebek, I will give my categories in
and the trial process in our courtrooms with largest courtroom. However, being the largest Being Evaluated?
question form. jurisdiction in the Commonwealth, it is abun- Finally, in a previous column, I provided an
all jurors and attorneys wearing masks. In
my early post-pandemic trials, we allowed the dantly clear that we need a larger courtroom update regarding the Business Court Pilot
What Is Jury Trials Are Back? space both for major trials and for other Project we began in Jefferson County in
Attorneys are aware that the Courts of the jurors to deliberate in the courtroom to allow
for greater space to socially distance correctly. court activities. We are currently working January 2020. The Business Court cases are
Commonwealth in large part continued with the Administrative Office of the Courts proceeding, and the new rules are in use. Two
throughout the pandemic to hear cases. Col- The jurors are currently using the regular
to have the second-floor large multi-purpose members of the Business Court Advisory
Shobe jury room reworked to function as an Committee are overseeing two separate com-
actual courtroom with a recording system for mittees: 1) to solicit feedback from practitio-
Your UNDUPLICATED Office Technology, keeping a court record. We are in preliminary
meetings for this project, and we are hopeful
ners; 2) to review recommendations for revi-
sions to the rules. Attorney Janet Jakubowicz
Equipment and Service Professionals it will become a reality. This would provide a
larger space for multi-party litigation as well
is overseeing review of the Business Court
rules and attorney Libby Gray is organizing
as a more formal environment for citizens a survey to solicit feedback. If you’ve had the
who serve on our juries. opportunity to participate in this type of litiga-
tion, please give us your feedback.
What Are Hybrid Court Appearances?
If your law practice doesn’t bring you regu- I hope you have found these updates help-
larly to the courthouse, we are requiring that ful. I’m open to input from Bar Association
masks be worn in the building regardless of members as to any of
vaccination status. In general, the majority the issues raised here.
of criminal proceedings are being held in With any luck, you’ll
LOUISVILLE • LEXINGTON • ELIZABETHTOWN • LONDON be able to make it a true
person with some parties and attorneys ap-
Daily Double.
(502) 589-5555 | (800) 633-8921 pearing remotely depending on the type of
proceeding. In civil matters, we are proceed- Chief Judge Angela Mc-
ing in a hybrid format. Some hearings are Cormick Bisig presides in
Quality with Service... • Office Equipment
in person, while others remain remote. The
circuit courtrooms have been equipped with
Division 10 of Jefferson
Circuit Court. n
• Professional Printing
• Document Management
• Managed I.T. Services
• Corporate Mailing Systems In Memoriam
• Integrated Technology Services David S. Mejia, age 71, died on July 8 after a bitter battle with can-
• Managed Print Services cer. A graduate of Loyola University Chicago School of Law, Mejia
was admitted to both the Illinois and Kentucky bars. He practiced
law in Chicago before coming to Kentucky to head the trial divi-
sion at the Department of Public Advocacy. He later established a
duplicatorsales.net solo practice in Louisville focused on criminal and post-conviction
defense in state and federal and courts.
In addition to five adult children, Mejia is survived by his wife, Dr.
Kathy Novota, who advises that he loved baseball, ballroom dancing, woodworking,
world travel and telling a good joke. In lieu of memorial gifts, she urges everyone to at-
tend a baseball game, go dancing, tell a good joke or do something kind for a stranger.
“These are the ways you can best give a memorial gift,” she adds. “These are the things
SENTRYFILE that would make David smile.” n
5x6.5 ad.indd 1 3/8/19 1:09 PM
4 Louisville Bar Briefs www.loubar.org
MEETING SCHEDULES
Federal Courts Section Meeting
The first meeting of the Federal Courts Section meeting will be
held via Zoom on Friday, October 8 at noon. To register for
this virtual meeting, please visit our online calendar at www.
loubar.org, e-mail lanspach@loubar.org, or call (502) 583-
5314. Guests are welcome to attend a meeting before joining
the section. n
Louisville Association of Paralegals
Check out upcoming educational programs and special
events on the Louisville Association of Paralegals website at
www.loupara.org. The LAP offers joint membership with
the Louisville Bar Association for voting members and joint
LAP/LBA members may attend most LBA CLE programs at
the discounted rate of $15. To learn more about the benefits of
LAP membership, visit www.loupara.org. n
Association of Legal Administrators
The Kentucky Association of Legal Administrators invites your
administrator to join its October chapter meeting via Zoom on
Thursday, October 14 at 11:45 a.m. The guest speaker is Juan
Pena, a human rights specialist for the Kentucky Commission
on Human Rights. Pena will speak on equal employment op-
portunity laws in Kentucky.
Summary: The Kentucky Civil Rights Act (KRS 344) prohibits
discrimination in employment on the basis of age (40 and over),
color, disability, national origin, race, religion, sex, or because
the individual is a smoker or not a smoker. KRS 344 covers
employment agencies, labor unions, licensing agencies and
employers with 8 or more employees. The training goes into
detail about each protected class, provides examples of unlaw-
ful discrimination, and much more. For more information on
how to join the meeting, please contact us at: KYALAchapter@
gmail.com.
Offering over 35 years of judicial experience
Due to their continued growth, a multi-office
national law firm is seeking ATTORNEYS
its Louisville and Lexington offices. The
litigation department seeks individuals with
experience in civil trial and/or insurance
defense litigation.
Portable book of business is a plus.
Judge Jerry Bowles Judge Joan Byer
(Ret.) (Ret.)
E-mail resume to resume@qpwblaw.com. 502-558-6142 502-216-9030
Please reference “Louisville Bar Association” judgejerrybowles@gmail.com judgebyer@gmail.com
on the subject line when sending your
resume.
. . . your first choice in family law mediation.
www.loubar.org October 2021 5
6 Louisville Bar Briefs www.loubar.org
Geospatial Data and Employee Privacy:
What do Kentucky Employers Need to Know?
Alexandra Dunn
Geospatial surveillance technologies such as radio frequency identification (RFID), Global Po- have no reasonable expectation of privacy while driving, so GPS vehicle surveillance is not a
sitioning System (GPS), smart phone applications and wearable tracking devices have created Fourth Amendment violation. See Azam v. D.C. Taxicab Comm’n, 46 F. Supp.3d 38 (D.D.C.
opportunities for employers to move beyond traditional timecards to track their employees’ 2014); El-Nahal v. Yassky, 993 F. Supp.2d 460, 464 (S.D.N.Y. 2014). Though these challenges
activities and productivity. These technological innovations raise questions regarding work- have been unsuccessful, the legal theory is in its nascency, and it remains possible that Fourth
“
ers’ rights to privacy. However, the legal privacy protections Amendment law will evolve as geospatial surveillance becomes
for employees have not kept pace with emerging technologies more prevalent.
used to surveil them.
Do collective bargaining agreements restrict
Employers are generally permitted to digitally track employees geospatial tracking?
in the workplace with few restrictions in Kentucky. Employers Collective bargaining agreements may restrict the use of geo-
can prevent liability by utilizing best practices, including in- spatial data in the workplace. For example, the United Parcel
forming employees that they are being monitored and tracking Employers are generally permitted to Service Teamsters Union agreement restricts the ways in which
employees only while on the clock. For the most part, employees employees may be disciplined based on GPS data. This type of
do not have a reasonable expectation of privacy at work, and digitally track employees in the work- provision is not yet common, but may become more prevalent
employees objecting to employer geospatial data collection will with the expansion of geospatial data use in the workplace.
have limited grounds to file legal claims in Kentucky. There is place with few restrictions in Kentucky.
little Kentucky case law involving employers’ use of geospatial What is the key takeaway for employers using geospatial
data and employee privacy. However, with the expansion of data in the workplace?
monitoring technology and the use of artificial intelligence Tort claims for invasion of privacy are currently the most viable
in data analytics, a review of the current laws protecting the avenue for personnel to challenge geospatial monitoring by
geospatial data of employees is warranted and will be outlined employers in Kentucky. But this remedy will only be available
in the next sections. where the employee has a reasonable expectation of privacy. Although employees generally
Do federal statutes limit the use of employee geospatial data? do not have a reasonable expectation of privacy at work, employers can
No, but a statutory framework exists to create federal protections for employees’ geospatial data. protect themselves by putting employees on notice that GPS, RFID or
The Electronic Communications Privacy Act (“ECPA”) includes protections against employers smartphone applications are being used to monitor location data.
intercepting employee telephone and electronic communications. 18 U.S.C. § 2510. The ECPA Alexandra Dunn is a third-year law student at the University of Louisville
protects employees’ private communications on personal electronic devices and e-mail accounts. Brandeis School of Law. Special thanks to Professor Ariana Levinson for
While the ECPA does not provide any protections against geospatial surveillance, it is likely inspiring this article. n
congress will look to regulate geospatial data privacy in the future.
Does geospatial tracking implicate the National Labor Relations Act (NLRA)?
NLRA Section 7 guarantees employees’ rights to “engage in concerted activities, for the purpose
of . . . mutual aid or protection.” 29 U.S.C. § 157. NLRA Section 8 makes employer interference
with Section 7 rights an unfair labor practice. 29 U.S.C. § 158(a)(1). So far, there have been no
challenges to employer geospatial data gathering under the NLRA. However, the NLRA would
likely be applicable in circumstances where an employer’s geospatial monitoring chilled Section
7 rights. See Robert Sprague, Survey of (Mostly Outdated and Often Ineffective) Laws Affecting
Work-Related Monitoring, 93 CHI.-KENT L. REV. 221, 234–35 (2018).
Do Kentucky statutes protect employee geospatial privacy?
Kentucky law does not prohibit geospatial data surveillance, but some states have enacted
statutes prohibiting certain kinds of geospatial tracking. The only statute implicating employee
surveillance in Kentucky is KRS § 526.010 et seq, which criminally sanctions eavesdropping,
and requires at least one party to consent to the recording or dissemination of private oral or
wire communications. However, most geospatial tracking does not fall within the eavesdrop-
ping definition, and when employees consent to monitoring as a condition of employment,
employers cannot be held liable.
Does tort law provide any redress for employees?
Employees could potentially file an invasion of privacy suit against their employer for the tort
of unreasonable intrusion upon seclusion. Kentucky law recognizes the cause of action and
requires the plaintiff to establish three elements: (1) an intentional intrusion; (2) into a private
matter; (3) that a reasonable person would find highly offensive. See McKenzie v. Allconnect,
Inc., 369 F. Supp.3d 810, 819 (E.D. Ky. 2019). Courts have found there is no invasion of privacy
when a person is in a public area and does not have a reasonable expectation of privacy. See
Pearce v. Whitenack, 440 S.W.3d 392, 400–01 (Ky. Ct. App. 2014).
In Zhang v. Western Kentucky University, the Kentucky Court of Appeals dismissed an intru-
sion on seclusion claim, finding that a search of an employee’s desk was not an invasion of
privacy because the employee had no reasonable expectation of privacy in items on their desk.
No. 2011-CA-000287-MR, 2012 WL 4464448, at *10 (Ky. Ct. App. Sept. 28, 2012). This case
is an example of the difficulty in proving a reasonable expectation of privacy in the workplace
setting. Employees have no reasonable expectation of privacy in most workplace settings.
However, employers using geospatial surveillance against unwitting employees when they are
not at work or on the clock could potentially face liability.
Does the Fourth Amendment protect government employees from geospatial monitoring?
Courts in several states have rejected Fourth Amendment challenges to government agencies
tracking geospatial data in the employment context. One of the most common types of geospa-
tial surveillance is the monitoring of vehicles via GPS. Most courts have found that employees
www.loubar.org October 2021 7
A Very
Pro Booono
Halloween
SUNDAY Celebrate
OCTOBER Pro Bono Month!
24, 2021
Dine-in or take-out at
5 pm to 10 pm Le Moo and a portion of
Le Moo
2300 Lexington Rd. your meal will support our
civil legal aid programs!
Mention Legal Aid Society
Reservations are when you make your
encouraged! Call reservation, speak to a
502-458-8888 or server, or order out!
use the OpenTable
app!
8 Louisville Bar Briefs www.loubar.org
Call for Papers
Mental Health and the Legal Profession – Law Review Symposium
The University of Louisville Law Review is pleased to invite article proposals for its annual health access, equity, and/or justice; limitations of current mental health laws and poli-
Symposium, which will occur on February 25 and 26, 2022. The event will be held in cies; therapeutic jurisprudence; problem-solving courts; treatment diversion programs;
person in Louisville, Kentucky, but a virtual option will remain available for those who how the legal profession can uniquely assist those experiencing mental illness in terms of
are unable to travel. This Symposium is titled Mental Health and the Legal Profession. It intervention, treatment, and/or advocacy; possible ways to reduce disproportionate rates
will highlight not only the mental health crisis that exists in the legal profession, but also of incarceration and recidivism in those who are connected to the criminal justice system
how the legal profession can assist those who are connected to the criminal justice system and experiencing mental illness; how mass incarceration implicates the mental health issues
and experiencing mental illness. The Symposium aims to offer possible solutions the legal of those incarcerated; lack of sufficient mental health treatment for those incarcerated; or
profession can embrace to address mental health concerns and spark positive change in any other topic related to mental health and the legal profession. The editors actively seek
the legal community and culture. diverse, intersectional viewpoints and innovative scholarly approaches that address timely
issues. Although the Symposium is not a historical or comparative project, the editors
The Law Review will partner with the Louisville Bar Association’s Health & Wellness
welcome articles with historical or comparative features.
Committee to host selected authors to present their articles during an in-person, all-day
Symposium open to the public on Saturday, February 26, 2022. David Jaffe, Associate The Call for Papers is open now and will close on October 15, 2021. Interested in-
Dean of Student Affairs at American University and a zealous mental health advocate, dividuals should submit an abstract of roughly 500 words or a full article to the Senior
will be the keynote speaker during this event. Authors will be assigned to panels and given Symposium Editor, Meredith Harbison, at meredith.harbison@louisville.edu.
20 minutes to present their articles, followed by a brief question and answer period. The
The Law Review will choose submissions to present at the Symposium and subsequently
Symposium will be preceded on Friday, February 25, 2022, with a business casual cock-
publish. Selected authors will be notified by November 5, 2021. The editors and members
tail hour and dinner to welcome the authors and keynote speaker, as well as kick off the
will work with authors over the winter and spring of 2022 to prepare and edit the articles
Symposium. These events are intended to bring together law students, law faculty, lawyers
for publication. First drafts will be due no later than January 1, 2022. A second draft
and judges from around the nation to discuss the future of mental health, the practice of
will be due no later than February 18, 2022, which will allow the Symposium editors to
law and the judicial system.
prepare for the events held on February 25 and 26, 2022. Finished articles of approxi-
Submissions on the following topics are encouraged: prevalence of mental illness in the mately 5,000 words will be due no later than March 12, 2021, which will allow authors
legal profession; barriers to seeking treatment and possible solutions; compassion fatigue; time to incorporate feedback offered by students, representatives of nonprofits, and local
vicarious or secondary trauma; mental health resources available to members of the legal practitioners in the field at the Symposium. All selected articles will be published in the
community; mental health issues caused/exacerbated by the COVID-19 pandemic; mental University of Louisville Law Review’s third issue of Volume 60 in late spring of 2022. n
www.loubar.org October 2021 9
10 Louisville Bar Briefs www.loubar.org
CONTINUING LEGAL EDUCATION
LBA Litigation Section One-Hour LBA Health Law Section
What Kanye West Can Teach Us About Litigation Information Blocking Final Rule
Thursday, October 7 Thursday, October 14
Over the past decade, Kanye West has run the gamut when it comes to civil lawsuits. From copyright and trademark infringe- After a couple of pandemic-related delays, certain provi-
ment cases to class action litigation, West has seen it all. In this presentation, Texas litigator Brent Turman analyzes Kanye’s sions of the Information Blocking Final Rule, a provision
“greatest hits” in the courtroom and shares lessons other attorneys can learn from his experiences. of the 21st Century Cures Act, went into effect on April 5,
2021. Additional provisions will go into effect next year.
Speaker: Brent Turman, Bell Nunnally & Martin LLP (Dallas, TX)
Time: Noon – 1 p.m. — Program
The Rule is geared towards ensuring that patients and their
Place: Online – a link will be sent prior to the seminar program providers have access to all their electronic health informa-
Price: $40 LBA Members | $36 Sustaining Members | $15 Paralegal Members | $15 for qualifying YLS Members | $25 Solo/Small Practice Section Members, tion (EHI), including lab reports, provider notes and other
Government or Non-Profit Members | $180 Non-members data that patients may not find in the mobile health apps
Credits: 1.0 CLE Hour — Pending in Kentucky / Pending with Indiana supplied by their provider. Health plans and healthcare
providers, regardless of their status as a HIPAA covered
entity, must comply. HIPAA also provides patients with a
LBA Appellate Law Section One-Hour right of access.
This webinar will address what the right of access rules
Avoiding Common Missteps in Appellate Brief Writing require of providers and health plans under both the In-
Friday, October 29 formation Blocking Rule and HIPAA.
This presentation will highlight recent emphasis from Kentucky’s Appellate Courts about the importance of complying with Speakers: Wyatt, Tarrant & Combs attorneys Kathie
rules governing appeals. The presentation will also identify common missteps made in brief writing and provide practical, McDonald-McClure and Jennifer L. Wintergerst
easy to follow suggestions for how to avoid these missteps in the future. Time: 1 – 2:30 p.m.
Speaker: Dorislee Gilbert, Attorney at Law Place: Online — a link will be sent prior to the seminar
Price: $50 LBA Members | $45 Sustaining Members |
Time: Noon – 1 p.m. — Program $15 Paralegal Members | $15 for qualifying YLS Members |
Place: Online – a link will be sent prior to the seminar program $25 Solo/Small Practice Section Members, Government or
Price: $40 LBA Members | $36 Sustaining Members | $15 Paralegal Members | $15 for qualifying YLS Members | $25 Solo/Small Practice Section Members, Non-Profit Members | $100 Non-members
Government or Non-Profit Members | $180 Non-members Credits: 1.5 CLE Hour — Approved in Kentucky / Pending with Indiana
Credits: 1.0 CLE Hour — Pending in Kentucky / Pending with Indiana
www.loubar.org October 2021 11COVID-19, Labor Shortages and Reasonable Accommodations under the ADA
Calesia Henson, Paul Goatley & Amy Miles
During the COVID-19 pandemic, many businesses found them- job-related requirements of the employment posi- spect to the number of its employees and the number, type
selves with no other choice but to minimize their workforce tion such individual holds or desires and, with or and location of its facilities;
due to lack of work and/or government shut-down mandates. without reasonable accommodation, can perform
(iv) The type of operation or operations of the covered entity,
Now, in a world where businesses are trying to bounce back, the essential functions of such position. 29 C.F.R.
including the composition, structure and functions of the
many employers are struggling to increase their workforce due § 1630.2(m). The term essential functions means the
workforce of such entity, and the geographic separateness
to lack of workers. Across the nation, the shortage of chefs, fundamental job duties of the employment position
and administrative or fiscal relationship of the facility or
waiters, truckers, warehouse operators, school bus drivers and the individual with a disability holds or desires. 29
facilities in question to the covered entity; and
more are leaving businesses with small staffs, barely able to C.F.R. § 1630.2(n). The statute states that “consid-
cover their scheduled shifts and even working alternating shifts eration shall be given to the employer’s judgment as (v) The impact of the accommodation upon the operation of
to fulfill the needs of the business. As a result, many employers to what functions of a job are essential, and if an the facility, including the impact on the ability of other
are struggling, not only with increasing, but also maintaining employer has prepared a written description before employees to perform their duties and the impact on the
their current workforce. advertising or interviewing applicants for the job, facility’s ability to conduct business.
this description shall be considered evidence of the
Unfortunately, one of these struggles may include determining 29 C.F.R. § 1630.2(p).
essential functions of the job.” 42 U.S.C. § 12111(8).
whether an employee is entitled to a reasonable accommodation
In addition, employers might also assert the direct threat
for his or her disability under the Americans with Disabilities Act ¾ The term disability means, with respect to an in-
defense if an individual’s disability poses a direct threat to the
(ADA). Indeed, even in the midst of widespread labor shortages, dividual (i) A physical or mental impairment that
health or safety of the individual or others. A direct threat
employers are not relieved from their statutory obligations under substantially limits one or more of the major life
means a significant risk of substantial harm to the health or
the ADA. In some instances, the matter may be easily resolved activities of such individual; (ii) A record of such an
safety of the individual or others that cannot be eliminated or
by making existing facilities accessible; acquiring or modify- impairment; or (iii) Being regarded as having such
reduced by reasonable accommodation. 42 U.S.C. § 12113(b);
ing equipment; or providing qualified readers or interpreters, an impairment i.e. an individual who is believed to
29 C.F.R. § 1630.2(r). The determination that an individual
depending on the request. However, how must an employer re- have a physical or mental impairment that is not
poses a direct threat must be based on a reasonable medical
spond when the accommodation requires the employee to work transitory (lasting or expected to last six months or
judgment that relies on the most current medical knowledge
a modified or part-time schedule amidst an already small staff? less) and minor (even if they do not have such an
and/or on the best available objective evidence regarding the
impairment). 29 C.F.R. § 1630.2.
Employers’ Obligations under the ADA individual’s present ability to perform essential job functions.
Title I of the ADA prohibits discrimination on the basis of • May ask the individual for information about the extent See EEOC: The ADA: Your Responsibilities as an Employer,
disability in employment and requires that covered employers of the impairment and request a medical assessment Additional Questions and Answers on the Americans with Dis-
(employers with 15 or more employees) provide reasonable relevant to the accommodation at issue. The employer abilities Act; 29 C.F.R. § 1630.2(r). Factors to consider when
accommodations to qualified applicants and employees with may also (and should) inquire as to how long the accom- assessing whether an individual poses a direct threat include:
disabilities if the employer can do so without an undue hard- modation may be needed; • The duration of the risk.
ship. 42 U.S.C. § 12112(a)-(b). • The nature and severity of the potential harm.
• Should confer with the employee and identify potential
• The likelihood that the potential harm will occur.
When an applicant or employee requests an accommodation accommodations and assess each accommodation’s
• How soon the potential harm may occur.
due to a disability, the employer has a duty to engage in the effectiveness. Remember, an employer is not bound to
interactive process. The interactive process is an informal in- providing one specific or preferred request; 29 C.F.R. § 1630.2(r).
dividualized inquiry between the parties to identify the precise • Should document receipt of any requests, the discussion Employers should be aware that the ADA direct threat require-
limitations resulting from the disability and potential reason- and the final determination about the accommodation. ment is a high standard. See EEOC: What You Should Know
able accommodations that could overcome those limitations. About COVID-19 and the ADA, the Rehabilitation Act, and
29 C.F.R. § 1630.2(o)(3). The employer and the applicant or However, employers may be able to deny accommodation
Other EEO Laws, Question G.4.
employee must participate in the interactive process in good requests that impose an undue hardship on the employer.
faith. [Note: There are some situations where employers may Undue hardship means, with respect to the provision of an Responding to an Employee’s Request for a Modified
have an obligation to provide an accommodation without a accommodation, significant difficulty or expense incurred by or Part-time Schedule
request to do so. See EEOC: Enforcement Guidance: Rea- an employer, when considered in light of the following factors: While engaging in the interactive process, an employer should
sonable Accommodation and Undue Hardship Under the (i) The nature and net cost of the accommodation needed consider whether adherence to a particular schedule is an
Americans with Disabilities Act, Question 40.] under this part, taking into consideration the availability essential function of the job and whether accommodations to
During the interactive process, the employer: of tax credits and deductions, and/or outside funding; that schedule would impose an undue hardship. (Note: A direct
threat analysis is not discussed in this article.)
• Should determine whether the individual seeking the ac- (ii) The overall financial resources of the facility or facilities
commodation is a qualified individual with a disability; involved in the provision of the reasonable accommoda- An employer should first ask whether adherence to the sched-
tion, the number of persons employed at such facility and ule is an essential function of the position. As stated earlier,
¾ The term qualified, with respect to an individual the effect on expenses and resources; any written descriptions prepared by the employer before
with a disability, means that the individual satisfies advertising or interviewing applicants for the job shall be
the requisite skill, experience, education and other (iii) The overall financial resources of the covered entity, the considered evidence of the essential functions of the job. Thus,
overall size of the business of the covered entity with re-
William F. McMurry & Associates, PLLC
Trust us to handle your clients’
Legal Malpractice Claims
William F. McMurry
Board Certified as a Legal Malpractice Specialist
by the American Board of Professional Liability Attorneys
(ABPLA.ORG)
The ABPLA is Accredited by the ABA to certify Specialists in the field
of Legal Malpractice
Bill@courtroomlaw.com
(502) 326-9000
12 Louisville Bar Briefs www.loubar.organ employer’s job description requiring adherence to certain
schedules may support an argument that attendance during
particular hours or shifts is an essential function of the job. In fall 2001, the Brandeis School of Law
However, simply indicating such is not enough. formed a partnership with Central High
In Hostettler, the Sixth Circuit held that simply because an School. This fall celebrates the 20th anniver-
employer indicated that a function was essential was not sary of that partnership which built on the
enough, if the employer could not articulate why. Hostettler v. existing Summer Law Internships that the Lou-
Coll. of Wooster, 895 F.3d 844, 857 (6th Cir. 2018). The court isville Bar Association had developed in 1992.
explained, “A full-time presence at work is not an essential On October 13, the LBA’s Diversity & Inclu-
function of a job simply because an employer says that it is. If sion Committee will host a program featur-
it were otherwise, employers could refuse any accommodation ing the stories of the 15 Central High School
that left an employee at work for fewer than 40 hours per week.” graduates who have received law degrees or
Id. Furthermore, “an employer cannot deny a modified work who are currently in law school. The program
schedule as unreasonable unless the employer can show why will coincide with a celebration of Hispanic
the employee is needed on a full-time schedule; merely stating History Month.
that anything less than full-time employment is per se unreason-
able will not relieve an employer of its ADA responsibilities.”
Id.; see also Sepulveda-Vargas v. Caribbean Restaurants, LLC,
888 F.3d 549, 553 (1st Cir. 2018) (holding that rotating shifts
were an essential function of the job with the employer as they
were necessary for the equal distribution of work among the
managerial staff); Turco v. Hoechst Celanese Corp., 101 F.3d
1090, 1094 (5th Cir. 1996) (although not specifically indicating
that rotating shifts were an essential function, the court noted
that “all operator positions [for the employer were] on rotating
shifts” and “moving one operator to straight day shift would place
a heavier burden on the rest of the operators in the plant”). As
such, employers should be sure they can articulate why adher-
ence to the schedule is an essential function of the job.
The Louisville Bar Association Honors
Next, an employer should consider whether implementing the Hispanic Heritage Month
requested accommodation(s) would impose an undue burden on Hispanic Heritage Month is an annual celebration of the history and culture of the U.S. Latinx
it. According to the ADA, one of the factors to consider when
and Hispanic communities. The event, which spans from September 15 to October 15, com-
assessing whether an accommodation will impose an undue hard-
ship is the impact of the accommodation upon the operation of
memorates how those communities have influenced and contributed to American society at large.
the facility, including the impact on the ability of other employees The observation started in 1968 as Hispanic Heritage Week under President Lyndon Johnson
to perform their duties and the impact on the facility’s ability to and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on
conduct business. For example, if modifying the schedule will September 15 and ending on October 15. It was enacted into law on August 17, 1988.
substantially increase the workload of other employees or
substantially disrupt the employer’s business operations, this The day of September 15 is significant because it is the anniversary of independence for Latin
accommodation may pose an undue hardship. In Siekaniec, the American countries Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition,
court ruled on a similar matter. The court explained that even Mexico and Chile celebrate their independence days on September 16 and September18, respec-
though an on-call system (i.e. where other dispatchers were tively. Also, Columbus Day or Día de la Raza, which is October 12, falls within this 30 day period.
called into work whenever the plaintiff’s headaches prevented her
from coming to work or staying at work) may have provided a As we mark the second half of Hispanic Heritage Month, the LBA is proud to celebrate the
reasonable accommodation generally, with no specific cut off for cultures, contributions and resilience of Latinx, Hispanic and Latino-identified communities
the on-call system, it imposed an undue hardship on the defendant around the world.
given the small size of the dispatcher staff. Siekaniec v. Columbia
Gas Co., 48 F. App’x 173, 175–76 (6th Cir. 2002)(unpublished).
Accordingly, employers may consider its
capacity to cover shifts when assessing
Nomination & Election of LBA Officers
the reasonableness of an accommodation.
In short, employers should imple-
NOTICE
ment procedures to adequately address It’s time to nominate and elect officers of the Louisville Bar Association for 2022.
situations that arise under the ADA and
develop processes to ensure good faith Offices to be Filled:
attempts to provide reasonable accom- • President-Elect
modations. • Vice President/Treasurer
• Secretary
Calesia Henson is an attorney with Stites &
Harbison where she is a member of the Busi- Nominations
ness Litigation and Employment Law Service • Nominations for these offices are made by written petition signed by not less than ten (10) active LBA members;
Groups. Henson is Vice-Chair of the LBA’s • Nominations for multiple offices can be made on a single petition;
Labor & Employment Section.
• All petitions must be filed with the secretary by November 1, 2021.
Paul Goatley is an attorney with Fisher Phil-
lips. He is a member of the firm’s SBA Loan
Send Petitions to:
Team. Goatley is chair of the LBA’s Labor & Bryan Armstrong
Employment Section. c/o the LBA
600 W. Main St., Ste. 110
Amy Miles is an attorney with Stoll Keenon
Louisville, KY 40202–4917
Ogden and is in the Labor, Employment &
Employee Benefits practice. She is a member For more information and petition forms, contact LBA Executive Director Scott Furkin at (502) 583-5314.
of the LBA’s Labor & Employment Section. n
www.loubar.org October 2021 13CLASSIFIEDS
Office Space Help Wanted Services
Through the LBA Placement Service
Office Space Available: KBA Disciplinary Complaints:
One Riverfront Plaza – river view; 1 to 3 Insurance Defense Attorney: Civil Litigation Attorney: Cox & Mazzoli, PLLC
offices available on 20th floor; library/confer- The LBA’s Placement service is currently The LBA’s Placement Service is currently work- Michael R. Mazzoli is accepting a limited
ence room; secretarial services and/or space working with a small to medium size down- ing with a well-established law office, located in number of attorney disciplinary matters. Mr.
available. (502) 582-2277. town Louisville defense litigation firm that Middletown, that is seeking to add an Associate Mazzoli is talented, experienced and discreet
seeks an attorney with 0–5 years of expe- Attorney with 1–3 years of civil litigation expe- (502) 589-6190 • mazzolicmlaw@aol.com
Attorney Office Space for Rent in Old rience. Practice specializes in defending rience. Insurance Defense experience would be 600 West Main Street, Suite 300 Louisville,
Louisville Area. personal injury, products liability, trucking, ideal, but not required. Must be licensed in Ken- KY 40202
(S. 4th Street) mass tort, wrongful death, and worker’s tucky and in good standings with excellent refer- THIS IS AN ADVERTISEMENT
1 large office approximately 16’ x 16’ compensation cases for a number of large ences. Salary is based on experience, plus full
1 office approx. 8’ x 10’ insurance carriers and corporations. Can- benefits. Send resumes in MS Word format to the False Claims Act / Qui Tams /
1 office approx. 8’ x 10’ – with adjoining didate should exhibit a superior work ethic, LBA Placement Service Director, David Mohr, Whistleblower:
Room that can be used for secretarial office strong research and writing skills, and enough dmohr@loubar.org. Cox & Mazzoli, PLLC
Or storage/copy area confidence to assist in taking cases to trial. Scott C. Cox and Michael R. Mazzoli, both
1 large open space with enough room for The ideal candidate will adapt to a fast-moving Medical Malpractice Litigation Attorney: former Assistant United States Attorneys,
3 - 4 desks for support staff litigation environment and be able to assume The LBA Placement Service is currently work- are accepting new clients who have knowl-
Access to conference rooms, copy, fax and growing responsibilities for cases in a short ing with a medium size firm located in downtown edge of fraud and false billing claims against
postage machines and kitchen. time frame. KY license is required, and IN Louisville that is seeking to add an Attorney the federal government (502) 589-6190 /
Free Parking. Rent one or all four – all on license is preferred. Competitive compensa- to their Medical Malpractice Defense practice. mazzolicmlaw@aol.com 600 West Main
3rd floor. tion and benefits package commensurate with Candidate must have excellent writing and ver- Street, Suite 300 Louisville, KY 40202
Call Laura Garrett @ 502-582-2900 experience of applicant. Send resumes in MS bal communication skills, at least 2–4 years of THIS IS AN ADVERTISEMENT
Word format to the LBA Placement Service litigation experience, licensed to practice in Ken-
Director, David Mohr, dmohr@loubar.org. tucky and have excellent references. Competitive Missing Witness Service:
salary and benefits are offered to the right can- Will locate your missing witness anywhere
Associate Attorney: didate. Send resumes in MS Word format to the in the country for the flat fee of $180 plus
The LBA Placement Service is currently LBA Placement Service Director, David Mohr, database expenses. Using our proprietary
working with a growing law firm located dmohr@loubar.org. databases and the telephone, we will locate
on the east-side of Louisville that is seek- and talk to the witness and ask them to call
ing to add an Associate with a minimum of Estate Planning Attorney: you. If you don’t want them contacted, we will
1–2 years of civil litigation experience and The LBA Placement Service is currently furnish you their current address and cell
licensed to practice in Kentucky. The firm working with a well-established and respected number. Call Capital Intelligence, LLC 502-
primarily does a variety of defense for the law firm located in downtown Louisville that 426-8100 or email jsniegocki@earthlink.net.
public sector throughout Kentucky. Candidate is seeking to hire a seasoned Attorney for
must have excellent references and be in good their Estate Planning group. Candidate must QDRO Preparation and Processing for:
standings. The firm offers a competitive sal- have at least 5 years of experience with Estate Defined Benefit and Defined Contribution
ary and benefits package commensurate with Planning matters and be licensed to practice Plans. Military, Municipal, State and Federal
experience. Send resumes in MS Word format in the state of Kentucky. Candidate must be in Employee Plans. Qualified Medical Child
to the LBA Placement Service Director, David good standings and have excellent references. Support Orders. Collection of past due
Mohr, dmohr@loubar.org. The firm offers a competitive salary package Child Support and Maintenance. Charles
to right candidate. Send resumes in MS Word R. Meers, 2300 Hurstbourne Village Drive,
format to the LBA Placement Service Direc- Suite 600, Louisville, KY 40299 Phone:
tor, David Mohr, dmohr@loubar.org. 502-581-9700, Fax: 502-584-0439. E-mail:
Charles@MeersLaw.com.
THIS IS AN ADVERTISEMENT
Help Wanted Immigration Consultant:
Through the Legal Aid Society Dennis M. Clare is available to practice im-
migration and nationality law. Member of the
Staff Attorney – Paralegal Eviction Pro Bono Project American Immigration Lawyers Association.
Expungement and Consumer LAS has received a Pro Bono Innovation Law Office of Dennis M. Clare PSC, Suite
LAS is seeking a staff attorney to work in the Fund Grant from the Legal Services Corpora- 250, Alexander Bldg., 745 W. Main St., Lou-
area of expungement and consumer services. tion to support a staff attorney and paralegal isville, KY 40202, (502) 587-7400.
The attorney will work closely with LAS to work in the area of eviction. The successful THIS IS AN ADVERTISEMENT.
clients who are seeking reparations for con- candidate will demonstrate a strong commit-
Bar Briefs is a national award sumer issues such as tax debt, expungement, ment to public service, an ability to effectively Discrimination Issues & Other
winning monthly publication of and economic stability. To apply please visit provide excellent paralegal services, and the Related Matters:
the Louisville Bar Association. https://yourlegalaid.org/careers. skills to serve LAS clients with the highest Samuel G. Hayward is available for consul-
With a circulation of more than level of care and professionalism. To apply tation of discrimination and other related
Staff Attorney Eviction Pro Bono Project please visit https://yourlegalaid.org/careers. matters for either plaintiff’s or defendant’s
2,700 readers, Bar Briefs offers
LAS has received a Pro Bono Innovation practice. Mr. Hayward has over forty years’
informative articles on current Fund Grant from the Legal Services Corpora- Social Worker – Bargaining Unit experience in this area with Title 7, 1983, and
issues of interest in the law. tion to support a staff attorney and paralegal Legal Aid Society is pleased to announce the sexual harassment cases. Samuel G. Hay-
Bar Briefs relies heavily on to work in the area of eviction. The attorney addition of a social worker position to sup- ward, 4036 Preston Hgwy, Louisville, KY
contributions by generous vol- will work closely with LAS clients who are port work with clients impacted by opioid, 40213, (502) 366-6456.
at risk of eviction, working to provide direct stimulants, and substance abuse. New funding THIS IS AN ADVERTISEMENT.
unteers. The LBA welcomes
services to clients as well as to match clients to support this project is part of a statewide
article submissions from at- with pro bono volunteer attorneys. The staff grant to the four legal aid programs (Legal Aid
torneys, paralegals and other attorney will work to recruit and train volun- Society, Kentucky Legal Aid, Legal Aid of the
professionals. Advertising copy is carefully reviewed, but publication herein
teers while working alongside other eviction Bluegrass, AppalReD Legal Aid). To apply does not imply LBA endorsement of any product or service.
Get published! Contact Shannon staff at LAS to address the eviction crisis please visit https://yourlegalaid.org/careers. The publisher reserves the right to reject any advertisement of
in LAS’s service area. To apply please visit questionable taste or exaggerated claims or which competes
Greer, sgreer@loubar.org.
https://yourlegalaid.org/careers. with LBA products, services or educational offerings.
14 Louisville Bar Briefs www.loubar.orgYou can also read
