Beth K.
Whittenbury
& Associates
Experts in Conducting Workplace Fact-finding Investigations, Mediations, and Sexual Harassment Training
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& Associates Experts in Conducting Workplace Fact-finding Investigations, Mediations, and Sexual Harassment Training
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09/11 Elizabeth R. Koller Whittenbury, Esq. 310-613-2102, Fax 310-544-6048 e-mail: bkwhittenbury@cox.net www.bkwhittenbury.com EDUCATION: J.D. McGeorge School of Law, University of the Pacific, May 1990. Class Rank: Top 10%. Graduated Order of the Coif and With Distinction. Member, Law Review. Admitted to California Bar December 4, 1990. B.S. Business Administration with Human Resources Concentration, University of the Pacific, May 1987. Graduated Cum Laude. 16 Units, University of Warwick, Coventry, England. (Semester Abroad, Fall, 1985) Advanced Mediation Training, Straus Inst. of Dispute Resolution, Pepperdine, July 1998 (18 hrs.) Mediation Certification, Santa Clara County Institute for Mediation, March 1994 (40 hrs.) Mediation Certification, Sacramento Mediation Center, June 1993 (28 hrs.). EXPERIENCE: 8/03-Present BETH K. WHITTENBURY & ASSOCIATES Principal: Conduct workplace fact-finding investigations, sexual harassment training, and mediations of employee complaints. Provide expert witness services. 11/99-2/02 RUNQUIST & ZYBACH LLP Of Counsel: Practiced estate planning and employment law counseling. 8/98 - 9/99 JUDGE PRO TEM, Los Angeles County Municipal Courts (Lancaster Branch) Adjudicated traffic trials and arraignments, as well as small claims actions. 9/92 - 12/99 KULISCH & KOLLER CONSULTING, LLC Principal: Gave training sessions and seminars on sexual harassment, discrimination, wrongful termination, and legal aspects of management. Provided counseling, mediation and expert witness services. Investigated employee complaints and workplace disputes. Devised alternative dispute resolution techniques for client companies. 1/98-12/99 ANTELOPE VALLEY COLLEGE Adjunct Professor: Taught Business Law/Legal Environment class. 1/93 7/96 EBERHARDT SCHOOL OF BUSINESS, UNIVERSITY OF THE PACIFIC, STOCKTON, CA Visiting Assistant Professor (7/93 - 7/96): Taught Business Law/Legal Environment and Business, Government and Society (Business Ethics) classes. Ran Mentorship Program and Internship Program. Adjunct Professor (1/93-7/93) MBA Admissions Director (7/93-7/94): Responsible for recruiting first class of new MBA program. Grew program to over 90 students in one year. Developed and implemented marketing plan. Created and managed MBA Mentorship Program and Internship Program. Handled Alumni Relations. 9/90-12/92 PILLSBURY MADISON & SUTRO, SAN FRANCISCO, CA Associate Attorney - Labor and Employment Group: Performed 70 percent litigation/30 percent advice work. Litigated in both state and federal courts. Responded to agency complaints. Advised clients on regulatory compliance. Coordinated and gave seminars and breakfast briefings on employment law. 8/94 - 12/94 SAN JOAQUIN DELTA COLLEGE Team Teacher: Taught sexual harassment portion of sexual abuse course. 5/93 CALIFORNIA STATE UNIVERSITY, HAYWARD Guest Lecturer: Guest lecturer on equal employment opportunity law for health policy class. 8/92 - 5/96 CALIFORNIA STATE UNIVERSITY, SAN FRANCISCO Member of Board of Advisors: Advised on curriculum for human resources certification course. Helped develop course on responding to agency complaints. 5/88-5/90 McGEORGE SCHOOL OF LAW, UNIVERSITY OF THE PACIFIC, SACRAMENTO, CA Law Review: Assistant Comment Editor (89-90), Comment Staff Writer (88-89), Legislative Review Staff Writer, (summer, 1988). Edited comment for publication. Wrote comment for publication (see Publications section for citation). Wrote summaries of changes in the law for publication in the Pacific Law Journal (see Publications section for citation). PUBLICATIONS - Books Author, “Investigating Workplace Harassment Claims,” under contract with ABA Publishing to be released Fall of 2012. Author, “California Supervisors’ Sexual Harassment Law Desk Book,” self-published 2007. Author, "Handling Investigations of Employee Complaints," Business Laws Inc., published Nov., 2000. (currently out of print) PUBLICATIONS - Academic Author, "When Does the Duty to Investigate Employee Misconduct Arise?," Referred Proceedings of the 2001 Pacific Southwest Academy of Legal Studies in Business Annual Meeting. (February 2001) Author, "Discovery of Investigation Notes," 16 Corporate Counsel’s Quarterly 1 (July 2000). Author, "Individual Liability for Sexual Harassment Under Federal Law," 14 The Labor Lawyer 357 (Fall, 1998). Author, "Sexual Harassment Claims: When Can Mediation Work?, 43 Business and Economic Review 12 (July-Aug.-Sept., 1997). Reprinted on Mediate.com. Co-Author (with Kulisch and Buntz); "Resolving Sexual Harassment Claims Without Litigation," 8 International Association of Management Journal 52 (Number 3, 1996). Author; "Sexual Harassment Laws: Have We Gone Too Far?," 4 Journal of Individual Employment Rights, 101 (Fall, 1995). Author; "Walker v. Superior Court: Religious Convictions May Bring Felony Convictions, 21 Pacific Law Journal 1069 (July, 1990). Author; "Review of Selected 1988 California Legislation, 20 Pacific Law Journal 441, 510, 512, 514, 602, 608, 628, 657, 698 (January, 1989).
PUBLICATIONS - Practitioner Author; "Meeting Your Mandated Anti-Harassment Training Requirements," PHIRA (Professionals in Human Resources Association) Scope, March/April 2007 at 8. Author; "Get the New Facts on Fact-Finding Investigations," PIHRA (Professionals in Human Resources Association) Scope, May 2004 at 8. Author; "Legislation Exempts Some Workplace Probes From Credit Reporting Act Rules," Los Angeles Daily Journal, March 30, 2004 at 6, cl.1-2. Author; "Expert Advice - Wills, Insurance, and Divorce - Estate Planning After the New Tax Act of 2001," California Lawyer Magazine, December 2001 at 19. Author; "Expert Advice - Employment Law," California Lawyer Magazine, December, 1999 at 26. Author; "Using Fact-finding Investigations to Lower Corporate Liability," Los Angeles Lawyer Magazine, Vol 21, No. 11 at 19 ( February, 1999). Co-author (w/Kulisch), "Investigating Harassment Claims," House Counsel Magazine, Fall, 1998 at 35. Co-author (w/Kulisch), "Creating Harassment Free Schools," Thrust for Educational Leadership, September/October, 1998 at 36. Author, "U.S. Supreme Court Answers Important Questions Regarding Sexual Harassment," The HR Bulletin, a publication of the Northern California Human Resources Council ("NCHRC), August, 1998 at 11. Author, "Investigating Discrimination and Harassment Complaints," The HR Bulletin, a publication of the Northern California Human Resources Council ("NCHRC), September, 1997 at 11. Author, "Investigating Employee Complaints: Handling Them Harmoniously," Professionals In Human Resources Association ("PIHRA") Scope, September, 1997 at 19. Author; "Laws Don't Punish Discriminators," Northern California Human Resources Council ("NCHRC") Quarterly, Spring, 1994. Author; "Court Further Defines Sexual Harassment," NCHRC HR Bulletin, January, 1994. Author; "Concerns Over Harassment Law Now Seem Unfounded," San Jose Business Journal, November 22, 1993 at 23. Author; "A Call for Change: Handling Sexual Harassment in the Workplace," NCHRC Spring Quarterly (Spring, 1993). Author; "Further Guidelines for Handling Sexual Harassment Claims Defined," NCHRC HR Bulletin, October, 1992. Author; "The Employment Law Dichotomy: Employee Rights Grow as Corresponding Remedies Shrink," NCHRC Fall Quarterly (Fall, 1992). Author; "Right to Privacy Expanded for Job Applicants," NCHRC HR Bulletin, January, 1992. PRESENTATIONS - Academic Co-Author of Paper Presented; "Sexual Harassment Claims Within Organizations: Reality or Myth" - Western Decision Sciences Institute, Thirty-Second Annual Meeting, April 17, 2003. Co-Author of Paper Presented (with Kulisch); "It’s All In the Timing: Timing Issues Involved in Investigations of Employee Complaints" - Southwestern Federation of Administrative Disciplines, Twenty-Eighth Annual Meeting, March 1, 2001. Co-presenter (with Lichter-Heath and Kulisch); "Individual Liability for Sexual Harassment Under Federal Law" - Western Decision Sciences Institute, Twenty-Ninth Annual Meeting, April 20, 2000. Co-presenter (with Kulisch); "Workshop- Sexual Harassment Law in Higher Education"- Western Decision Sciences Institute, Twenty-Sixth Annual Meeting, March 28, 1997. Author and Presenter; "Individual Liability for Sexual Harassment - Academy of Legal Studies in Business, Annual Meeting, August 9, 1995. Moderator; Employment Law Session - Academy of Legal Studies in Business, Annual Meeting, August 9, 1995. Co-Author (with Kulisch) of Paper Presented; "University Sexual Harassment Policies - Recommendations - The Association of Management, Thirteenth Annual International Conference, August, 1995. Chair and Discussant; Business Law and Ethics Session II - Western Decision Sciences Institute, Twenty-fourth Annual Meeting, April 14, 1995. Co-author (with Kelzer) and Presenter; "Is Health Care Reform on a Collision Course with the Religious Freedom Restoration Act of 1993?" - Academy of Legal Studies in Business, Annual Meeting, August 10, 1994. Author and Presenter; "Sexual Harassment Laws Present a Plethora of Perplexing Problems" - Western Business Law Association, Annual Conference, April 8-10, 1994. Co-author (with Kulisch and Buntz) and Presenter; "Resolving Sexual Harassment Problems Without Litigation" - Western Decision Sciences Institute, Twenty-third Annual Meeting, March 29-April 1, 1994. Co-Author (with Kulisch) of Paper Presented; "How to Avoid Liability for Sexual Harassment" - The American Management Foundation and Association on Employment Practices and Principles (Women in Management Section), Annual Conference, October 1993. Author and Presenter; "Sexual Harassment Laws: Have We Gone Too Far?" - Academy of Legal Studies in Business, Annual Conference, August 19, 1993. Co-Author (with Kulisch) of Paper Presented; "Employers Can Increase Their Protection Against Sexual Harassment Lawsuits" - The Association of Management, Eleventh National Conference, August, 1993. PRESENTATIONS - Practitioner Speaker – Panel Entitled: “The Right to Quality Education in America: What is it? What Should it Look Like?” – ABA Annual Meeting, Chicago, IL, July 31, 2009. Moderator – Panel Entitled: “Student Rights: Free Speech and Beyond” – ABA Mid-year Meeting, Boston, MA, February 13, 2009. Moderator - Panel Entitled: "From Adversity to Advancement: Overcoming Obstacles to Achieve Success in the Legal Profession" ABA Mid-year Meeting, Los Angeles, CA, February, 2008. Speaker – “Handling Domestic Violence in the Workplace” – PHIRA District 7 Meeting, February, 2008. Speaker - "Handling Domestic Violence in the Workplace" - PIHRA Annual Conference, Fall, 2007 Key Note Speaker - "Legislative Affairs Committee Update: After the Storm" - 2006 PIHRA Mid Year Legal Seminar, Universal City, and Garden Grove, June 7 and 8, 2006. Presenter - "New Standards for Retaliation Cases: A Detailed Discussion of the Cal. Supreme Court Decision: Yanowitz v. L'Oreal" - 19th Annual PIHRA Legal Update , Ontario, Burbank, and Garden Grove, January 2006.Co-panelist - "Employment Law Update" - Conflict in the Workplace, Straus Institute for Dispute Resolution, Pepperdine School of Law, September 19, 1998. Presenter - "Sexual Harassment Within Professional Organizations - Delta Sigma Pi Regional Conference, U.C. Davis, October 19, 1996, and San Bernadino, November 9, 1996. Presenter - "Sexual Harassment Within Student Organizations - Delta Sigma Pi, U.C. Davis, February 26, 1996. Presenter - "Employer/Employee Relations & Employment Law Update - California Ground Water Association Annual Seminar, February 9, 1996. Presenter - "Investigating Employee Complaints - Northern California Human Resources Council Annual Conference, September 22, 1995. Panel Participant - American Bar Association Annual Meeting, Alternative Dispute Resolution Section, Education Committee, August 6, 1994. Co-author (with Kulisch) and Presenter; "How to Avoid Liability for Sexual Harassment in Schools" - Association of California School Administrators, Region VII, Spring Conference, April 30, 1994. Co-Author (with Kulisch) and Presenter; "Practical Responses to Sexual Harassment in Schools" - Association of California School Administrators, Region VII, Fall Conference, October 28, 1993. Presenter; "Sexual Harassment Prevention" - California Association of Affirmative Action Officers Annual Conference, May, 1993. Co-Presenter; "Sexual Harassment and the Reasonable Woman" - California Association of Affirmative Action Officers Seminar, March, 1993. Co-author (with Alvarez) of paper presented; "Violence in the Workplace: Legal Considerations Predicting, Preventing and Dealing with the Consequences" - paper presented by former EEOC Commissioner, Fred W. Alvarez at the American Bar Association Annual Meeting, August, 1992. Panel Participant; "Legislative Update Session" - Northern California Human Resources Council - July 1992.
TEXT BOOK REVIEWS Levy & Paludi, Sexual Harassment, Prentice Hall - 1995. Rasnic, Labor and Employment Law, West - 1996.
AWARDS: * Committe Excellence Award - as Chair of the Public Education Committee, ABA, IR&R Section - 2009 * Life Fellow of the American Bar Foundation 2002-Present * Marquis, Who's Who in American Law, 1994-2000 * Marquis, Who’s Who in American Education, 1995-1996 * Who's Who Among Rising Young Americans, 1991/93 * Who's Who Among American Law Students, 1990 * Who's Who Among American College and University Students, 1986/87 Honor Societies: * Dean's Honor Roll, 1983-90. * Order of the Coif, 1990. * Traynor Society, 1989-90. * Beta Gamma Sigma, 1986. * Phi Kappa Phi, 1986/87. * Mortar Board, 1986/87. * Alpha Lambda Delta, 1984. Community Involvement and Associations: * Western Regional Chair, Fellows of the American Bar Foundation, 2004-2007. * California State Co-Chair of the Fellows of the American Bar Foundation, 2003-2004. * State Bar of California - Member. * American Bar Assoc. - Co-Chair, Public Education Committee, IR&R Section, 2007-2009; Member of the Board of Directors of the American Bar Foundation, 1999- 2005; Member of the Executive Board for 2004-2005 as Secretary; Vice Chair of the Finance Committee; YLD Liaison to the American Bar Foundation; Member, Labor and Employ. Law, and IR&R, Sections. *AEFC Pension Committee Member (representative of the American Bar Foundation employees to their pension program), 2001-2004. * Los Angeles County Bar Association - Member. * CAOWI - Member * Pt. Vicente Elementary School PTA Co-6th Vice President, 2003-2004; Leg. Rep/PEF Rep. ’05-’06; Executive VP, 06-07; President 07-08. * Professionals in Human Resources Association ("PIHRA")(Los Angeles Chapter of SHRM) - Member 1997-present – member of Legislative Affairs Committee; Board Member, District 7 2007-present. * EEOC Employer Advisory Council, Los Angeles District Office - Member 1998-2000. * Editor - Employment and Labor Law Quarterly (Published by the Academy of Legal Studies in Business, Employment Law Section), 1995-97. * Editor - HR Bulletin (Published by the Northern California Human Resources Council), 1996. * Northern California Human Resources Council Board of Directors ("NCHRC")(1993-1995)- (Vice President for External Affairs 1994/95) Member of Northern California Human Resources Council (San Francisco Bay Area Chapter of Society for Human Resources Management ("SHRM")): 1990- 1999. * Volunteer Mediator - San Joaquin County Community Mediation Center - 1993-1996.
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