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June 2025 Welcome Welcome to readers of Making the Connection!     In this issue, you will find:  In Focus: Using Rubrics to Promote Objectivity and Neutrality in Evaluation and Decision-Making Question of the Month, about stays of arbitration and litigation pending mediationi Case on Point,  discussing the legal standard for reverse discrimination claims At the Podium, listing my speaking engagements and public appearances Client Corner, spotlighting client events and announcements In Focus Using Rubrics to Promote Objectivity and Neutrality in Evaluation and Decision-Making Objectivity and neutrality are important qualities in several of the roles I serve in, including arbitrator, mediator, professor and grant application evaluator.  It is also important as an attorney to be able to evaluate your client's case or situation objectively to provide the best advice. In two of these roles, professor and grant application evaluator, rubrics are used to guide decision-making.  Rubrics establish the criteria on which the student submissions or grant applications are to be graded, and the amount of weight to be given to each factor. I find that using rubrics helps me focus on the individual item to be evaluated, and assures fairness and consistency in evaluation the submissions or applications. Grading with rubrics also provides meaningful feedback to the student or applicant, showing where there is room for improvement.   It has been suggested that rubrics can also be helpful in negotiations and mediations to assist the parties in identifying the essential elements and priorities for successful outcomes. I have not yet used rubrics this way, but will look for opportunities to do so. It would be important though, to ensure that the parties remain open to the possibility that other criteria should be included in their rubric, or that the relative weights assigned to the various criteria be adjusted. Question of the Month This month's question was inspired by one posted on the ACR-GNY Resolution Roundtable:  Q: Should arbitration or litigation be stayed while the parties engage in mediation? A: I think arbitration or litigation should be stayed. Mediations are most successful when the parties and counsel are focused on preparing for the session and not distracted by having to comply with discovery or other deadlines or demands of the arbitration or litigationprocess. Also, counsel's role in representing a party in mediation differs from their role as an advocate in arbitration or litigation, and it is preferable that they do not have to act in both roles simultaneously, especially in their dealings with opposing counsel. Case On Point  Ames v. Ohio Dept. of Youth Services (U.S. S.Ct. 2025) Plaintiff Marlean Ames was a longtime employee of the Ohio Department of Youth Services.  A program administrator, she applied and interviewed for a program manager role.  Not only was she not promoted, she was demoted to secretary, and both the program manager and program administrator positions were filled by gay applicants.  Ames, a heterosexual woman, filed a claim for sex discrimination in employment under Title VII. The district court granted summary judgment to the defendant,  because "Ames . . .  had not presented evidence of 'background circumstances' suggesting that the agency was the rare employer who discriminates against members of a majority group." The Court of Appeals affirmed the district court's ruling. The Supreme Court, in a unanimous decision, reversed. It held the additional burden imposed on majority group members was inconsistent with the language of Title VII. "By establishing the same protections for every 'individual'—without regard to that individual’s membership in a minority or majority group—Congress left no room for courts to impose special requirements on majority-group plaintiffs alone." ___________________________________________________________________________________________________ At the Podium This is a listing of speaking engagements, workshops, events and other public appearances.  To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.            On September 4, 2025, at 7pm EDT, I will speak on  Everyday Ethics for Consultants to the IEEE Consultants Network of Long Island.  ________________________________________________________________________________________________________________________________________ Client Corner Client Corner features client announcements and events of potential interest to readers.   Congratulations to Dr. Marc Miller who has joined the faculty of executive coaching firm iCoach Global. On June 18, 2025, from 12 to 1pm, Moxxie Network will host a virtual Meet the Members networking event. Click here for information and registration. © 2025, Lisa Renee Pomerantz. All rights reserved.

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