Labor & Employment

Practice Overview:

The Labor and Employment Litigation group at Fields & Brown has extensive experience in the defense of claims arising under the Family and Medical Leave Act, Americans with Disabilities Act (“ADA”), Title VI, Title VII (including race, sexual harassment, and age), Title IX and the Individuals with Disabilities Education Act.
Attorneys at Fields & Brown represent employers at all levels of the state and federal judicial system. They regularly represent employers before state, federal and local employment agencies. The firm defends clients in a wide variety of employment litigation matters including wrongful terminations. The firm’s attorneys practice regularly before courts in Missouri and Kansas.

A significant portion of the firm’s employment practice is focused on counseling clients in order to avoid expensive and time-consuming litigation. In that regard Fields & Brown counsels clients regarding discipline, severance agreements, and non-competition agreements, discharge, reductions in force and internal grievance procedures.

Representative Matters:

Conducted major internal investigations on behalf of corporate clients into allegations of unlawful racial harassment and discrimination. The firm has also prepared position statements in response to charges filed with the United States Equal Employment Opportunity Commission, state agencies and local agencies.

Obtained summary judgment defending a local transit authority against a suit brought by an employee alleging among other things, a violation of the ADA. The employee claimed that her on-the-job drowsiness and sleeping was caused by a combination of prescribed medications, and her subsequent termination was a violation of the ADA. The employee appealed the judgment to the United States Court of Appeals for the Eighth Circuit, where the lower court’s opinion was sustained. Thereafter, the employee unsuccessfully sought a writ of certiorari before the United States Supreme Court. This case is frequently cited in the Eight Circuit for the definition of employer’s obligation to accommodate.

Defended a Fortune 500 Company corporate officer against allegations of gender discrimination and sexual harassment based on an alleged violation of the Missouri Human Rights Act. The suit was filed in the Missouri state court by a former manager against the company, her former supervisor, and company officers.

Recently obtained summary judgment in suit brought by former bus operator alleging a violation of her rights under the Americans with Disabilities Act because local transit authority refused to rehire her based on her prior attendance record.

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