Mediator Resume

University of South Carolina School of Law - Professor of Law & Oliver Ellsworth Professor of Federal Practice

Attorney, Professor of Law

Professor of Law, University of South Carolina School of Law, 2007 – Present; Appellate Attorney, Office of General Counsel – U.S. Equal Employment Opportunity Commission, 2001 – 2007; Associate (Labor & Employment Law Group), Jenner & Block, 1999 – 2001; Law Clerk to the Honorable Ellsworth Van Graafeiland, U.S. Court of Appeals for the Second Circuit, 1998 – 1999.

Graduated with high distinction from the University of Michigan in 1995, and magna cum laude from the Washington and Lee University School of Law in 1998. Law Clerk to the Honorable Ellsworth Van Graafeiland, U.S. Court of Appeals for the Second Circuit, from 1998-1999. Worked as an associate in the labor and employment law group of Jenner & Block in Chicago, Illinois from 1999-2001. While at Jenner & Block, worked with clients on issues related to the Americans With Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and Title VII of the Civil Rights Act of 1964. Also worked with the plant closing/layoff provisions of the WARN Act and the military leave requirements of USERRA. Work on behalf of employers included addressing discovery requests, representing clients in state and federal court, conducting investigations, drafting EEOC position statements and researching employment issues. Also engaged in preventative work on behalf of employers, assisting them with training on employment issues. Worked as an appellate attorney in the office of general counsel at the U.S. Equal Employment Opportunity Commission in Washington, DC, from 2001-2007. While at the general counsel's office, worked on numerous cases that involved Title VII, the ADEA, and the ADA. Researched cases brought under these statutes, wrote appellate briefs on the issues, and argued as lead counsel in the U.S. Courts of Appeals. Provided guidance to trial attorneys at the EEOC field offices, and worked closely with these attorneys on cases on appeal. Briefed the Commission Chair and General Counsel on proposed and pending litigation, and coordinated with the Department of Justice on cases involving employment issues. Some illustrative cases representing the EEOC as lead counsel include: EEOC v. E.I. Du Pont de Nemours & Co., 480 F.3d 724 (5th Cir. 2007) (ADA case); EEOC v. Pipefitters Ass'n Local Union 597, 334 F.3d 656 (7th Cir. 2003) (Title VII case); and Palasota v. Haggar Clothing Co., 342 F.3d 569 (5th Cir. 2003) (ADEA case). While at the EEOC, also taught an employment discrimination related seminar in the evenings at the Georgetown University Law Center. In the fall of 2007, became a full-time academic, and began teaching at the University of South Carolina School of Law, receiving tenure in 2011, and promoted to full professor in 2014. As the only full-time instructor at the law school in the field, teaches all of the employment-related courses, answers questions from the media on employment issues, and writes in this area. Routinely lectures on all of the key employment statutes. Courses taught include employment discrimination and employment law, which address Title VII, the ADEA, the ADA, the EPA, the WARN Act, the FLSA (general requirements, misclassification and/or independent contractor status), USERRA, OSHA, and the FMLA. Also teaches covenants not to compete in the workplace, employee privacy law, drug testing, employer defamation claims, employee inventions, and trade secrets law. Other courses taught include Labor Law and ADR in the Workplace. Scholarship has focused on the intersection between employment discrimination law and federal procedural law, and has undertaken empirical projects in this area. This scholarship has been cited by attorneys, scholars, and the courts - including a decision by the chief judge of the U.S. Court of Appeals for the Second Circuit. Upon invitation, submitted written testimony to committees in both the U.S. Senate and the U.S. House of Representatives on an employment-related issue. Research has also been featured in the Wall Street Journal and in the Washington Lawyer.

Served as a mediator for the U. S. Equal Employment Opportunity Commission in four federal sector cases over a one-year period. These disputes were all employment-related and involved the federal workforce. Cases handled addressed various aspects of the working relationship. These disputes were centered on different conflicts that arose in the employer-employee relationship. Mediation work helped alleviate case load for federal sector administrative judge. Mediation expertise related to all areas of employment law, including disputes over terms, conditions and privileges of employment. Currently teaches an alternative dispute resolution course at a nationally recognized law school, and has done so for several years. This course extensively utilizes simulated mediation exercises. Routinely evaluates the performance of student mediators and participants in the class. The course focuses exclusively on alternative dispute techniques that arise in the employment context. Currently serves as an arbitrator with the AAA employment panel. Arbitration experience focuses on workplace disputes and questions arising out of employment.

Mediation experience has focused exclusively on employment disputes. Cases worked on have examined issues that arose in the workplace context. Mediated several cases arising out of the employer-employee relationship. These cases focused on different aspects of the working relationship, and experience has centered on conflicts over the terms, conditions and privileges of employment. As an instructor for a mediation course at a nationally recognized law school, has over seen countless mediation exercises that focus on the workplace. These include disputes over wage and hour issues, benefit packages, employee discipline and discharge, as well as questions related to collective bargaining agreements.

My mediation philosophy focuses on the facilitative method. I recognize that workplace disputes are challenging for both employers and employees. Indeed, workplace conflicts are unique because they often involve ongoing relationships between the parties. By helping to explore possible win-win solutions that may exist in this context, it is possible to help preserve a positive working environment. Nonetheless, there are also many situations that arise which involve substantial conflict and a strained relationship between the employer and employee. In these circumstances, it may be impossible to restore the prior working environment and an evaluative approach to the mediation may be more appropriate. At the end of the day, I understand that the solution to the conflict should come from the parties themselves, and my role as mediator focuses on an effort to help the parties find an appropriate resolution. My extensive expertise in the field of labor and employment law allows me to help individuals identify possible solutions to their workplace disputes. I have dedicated my entire career to legal issues that arise in the workplace context. I approach workplace conflict in a neutral manner and have represented both employers and plaintiffs in workplace disputes. As a full-time academic, I do not have any bias toward either plaintiffs or defendants. I have written a dozen law review articles on employment-related topics, and I am currently authoring an employment discrimination textbook that will be used in law schools across the country. My work has been featured in a number of media sources, including the Wall Street Journal. Upon invitation, I have submitted written testimony to committees in both the U. S. Senate and the U. S. House of Representatives, and I teach various courses in the labor and employment law area. My substantial experience and understanding of this topic allows me to draw upon a rich base of knowledge in this area to help facilitate a mediated settlement. I am simply interested in helping individuals resolve their disputes, and I am able to use my extensive expertise to help them do so in workplace cases.

Washington and Lee University School of Law (JD-1998); University of Michigan (BBA-1995).

Admitted to the Bar: Illinois, 1999; U.S. Supreme Court, 2004.

American Bar Association.

Selected Publications and Blogs: Time, Equity, and Sexual Harassment, U.C. Irvine L. Rev. (forthcoming 2022); The Virtual Workplace (Cambridge University Press 2021); Plausible Harassment, 54 U.C. Davis L. Rev. 1295 (2021); Employment Discrimination: Procedure, Principles & Practice (Aspen 2d ed. 2019); The Discrimination Presumption, 94 Notre Dame L. Rev. 1115 (2019); Platform Pleading, 94 Wash. L. Rev. 1947 (2019); A Modern Union for the Modern Economy, 86 Fordham L. Rev. 1727 (2018) (with J. Hirsch); The Supreme Court’s New Workplace (Cambridge University Press 2017); Employment Law in a Nutshell, 4th Edition (West 2017) (with R. Covington); Workplace Prof Blog (Author & Co-Editor), available at http://lawprofessors.typepad.com/laborprof_blog/ JOTWELL, Worklaw Section (Author & Co-Editor), available at http://worklaw.jotwell.com/ Tailoring Class Actions to the On-Demand Economy, 77 Ohio State L.J. 21 (2017); Commonality and the Constitution, 91 Ind. L.J. 455 (2016); Navigating the Uber Economy, 49 U.C. Davis L. Rev. 1511 (2016) (with B. Means); The Issue Class, 56 B.C. L. Rev. 121 (2015); Weathering Wal-Mart, 89 Notre Dame L. Rev. 1343 (2014); Plausibility & Disparate Impact, 64 Hastings L. J. 287 (2013); Punitive Damages, Due Process, and Employment Discrimination, 97 Iowa L. Rev. 473 (2012); Plausibility Beyond the Complaint, 53 Wm. & Mary L. Rev. 987 (2012); Pleading Disability, 51 B.C. L. Rev. 95 (2010); After Iqbal, 45 Wake Forest L. Rev. 179 (2010); Does Ricci Herald a New Disparate Impact?, 90 B.U. L. Rev. 2181 (2010) (with B. Gutman); The Trouble with Twombly: A Proposed Pleading Standard for Employment Discrimination Cases, 2009 U. Ill. L. Rev. 1011; The Failure of Punitive Damages in Employment Discrimination Cases: A Call for Change, 50 Wm. & Mary L. Rev. 735 (2008); Selected Speaking Engagements: Presenter, Faculty Workshop, The Discrimination Presumption, Notre Dame School of Law (March, 2019); Presenter, The Virtual Workplace, Colloquium on Current Scholarship in Labor & Employment Law, University of South Carolina School of Law (September, 2018); Presenter, A Modern Union for the Modern Economy, Colloquium on Current Scholarship in Labor & Employment Law, Texas A&M University School of Law (September, 2017); Presenter, Class-Actions and the On-Demand Economy, Seton Hall Law School (October, 2016); Moderator, New Scholars Workshop: Employment and Corporate Law, Southeastern Association of Law Schools Annual Meeting (August, 2016); Presenter, The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America, Duke University School of Law, Civil Rights & The Roberts Court (November, 2015); Presenter, Colloquium on Current Scholarship in Labor & Employment Law, University of Indiana School of Law, The Supreme Court’s Use of Procedure to Limit Substantive Worker Rights (September, 2015); Presenter, Systemic Litigation: Past, Present & Future, Ninth Annual Colloquium on Current Scholarship in Labor & Employment Law, University of Colorado School of Law (September, 2014); Presenter, Class-Actions After Wal-Mart, Law & Society Annual Meeting (May, 2013); Presenter, Weathering Wal-Mart, Seventh Annual Colloquium on Current Scholarship in Labor & Employment Law, Northwestern University School of Law & Loyola University Chicago School of Law (September, 2012); Closing Remarks, Trial by Jury or Trial by Motion? Summary Judgment, Iqbal and Employment Discrimination, New York Law School (April, 2012); Presenter, Plausibility Beyond the Complaint, Southeastern Association of Law Schools Annual Meeting (July, 2011); Presenter, Fifth Annual Colloquium on Current Scholarship in Labor & Employment Law, Washington University School of Law & Saint Louis University School of Law, The Future of Workplace Punitive Damages (September, 2010).

Hourly Rate: $450.00 Daily Rate: Not provided Study Rate: $450.00/hr Cancellation: $450.00/hr Cancellation Period: 30 Days Comment: Cancellation Policy: One day’s per diem (7 hours) for each scheduled mediation session postponed or canceled with less than thirty days’ notice.

English

United States of America

Columbia, South Carolina