Alan S. King is a partner and serves as vice chair of the firm's Labor & Employment Practice Group. His practice is concentrated in the area of employment litigation and counseling. Alan has extensive experience on behalf of both private and public employers in virtually all types of employment-related litigation. He has successfully litigated cases and advised clients on a broad range of employment matters, including employment discrimination issues, employee benefits and ERISA, restrictive covenants, confidentiality agreements, wrongful discharge, defamation and other state and federal statutory and common law employment law issues.
Alan's practice includes individual and class action litigation in federal and state courts, and he has considerable experience representing employers before federal, state and local administrative agencies, including the EEOC, OSHA, the NLRB, the Illinois State Labor Relations Board, the Illinois Department of Human Rights and the U.S. and Illinois Departments of Labor. Alan also regularly advises clients on a wide range of employment law issues, including matters of employee discipline and termination and wage and hour, non-competition and workplace harassment issues.
Alan is a frequent lecturer to bar associations and employer groups; his recent topics have included the Americans with Disabilities Act, workplace harassment, violence in the workplace, employee handbooks and at-will employment issues.
A graduate of Augustana College, Alan received his J.D. from the University of Illinois College of Law, where he was notes editor of the Illinois Bar Journal. Alan was named to Law Bulletin Publishing Company's prestigious list of "40 Illinois Attorneys Under 40 to Watch" in 2003. He has also been recognized as a "Leading Lawyer" in management employment by the Leading Lawyers Network, and has been selected as an Illinois "SuperLawyer" by Chicago magazine.
Representative Cases
Representative cases include the following:
· Brooks v. City of Chicago, et al., 2012 WL 13570 (N.D. Ill. Jan. 4, 2012). Lead counsel on behalf of the City of Chicago and former Mayor Richard M. Daley in action arising from plaintiff's separation from employment as the City's Fire Commissioner. On January 4, 2012, Judge Robert M. Dow, Jr. granted defendants' motion to dismiss the action, including dismissal with prejudice of plaintiff's federal constitutional claims under 42 U.S.C. Section 1983.
· Lead counsel on behalf of Fortune 500 national retailer in nationwide class action alleging pay discrimination based on race, national origin and ethnicity. Obtained dismissal of all class claims alleging both disparate treatment and disparate impact on a Rule 12(b)(6) motion to dismiss, with no amended complaint being filed. (N.D. Ill. 2011).
· Jaffer v. City Colleges of Chicago, et al., No 09 C 5710 (N.D. Ill. Sept. 29, 2011). Lead counsel on behalf of City Colleges of Chicago and one of its college presidents in an employment discrimination suit filed by tenured professor alleging that she was subjected to a hostile work environment based on her race, national origin and Muslim religion, and retaliated against for making internal complaints of discrimination, under Title VII and 42 U.S.C. Sections 1981 and Section 1983. On September 29, 2011, on cross-motions for summary judgment filed by all parties including the plaintiff, U.S. District Judge Rebecca Pallmeyer denied plaintiff's motion for summary judgment and granted summary judgment to City Colleges and the college president.
· EEOC v. Scrub, Inc., No. 09 C 4228 (N.D. Ill. Nov. 9, 2010). Currently serves as court-appointed Consent Decree Monitor in connection with four-year Consent Decree resolving race and national origin hiring discrimination lawsuit filed by the EEOC.
· Lewis v. City of Chicago, et al., No. 04 C 6050 (N.D. Ill. Dec. 2007). Lead counsel on behalf of the City of Chicago in employment discrimination action filed by female police officer alleging gender discrimination and retaliation under Title VII and Section 1983. After a two-week jury trial in December 2007, jury returned verdicts in favor of the City on all counts. Seventh Circuit affirmed on December 21, 2009 (No. 08-2877).
· Armainsson v. Rockford Health System, et al., No. 07 C 50081 (N.D. Ill. Apr. 2, 2010). Lead counsel on behalf of Rockford Health System (RHS), a 3,000-employee health system, in lawsuit filed by a terminated physician and former RHS department chair alleging violations of the FMLA and state law claims for retaliatory discharge and civil conspiracy. On April 2, 2010, U.S. District Judge Frederick Kapala granted defendants' motion for summary judgment on the FMLA and conspiracy claims, and also dismissed the state law retaliatory discharge claim.
· Schaefer v. Richard Wolf Medical Instruments Corp., No. 07 C 2438 (N.D. Ill. March 31, 2009). Lead counsel in age discrimination action filed by terminated employee. District Court granted defendant's Motion for Summary Judgment and dismissed case with prejudice.
· Vaughn v. Wilberforce University, et al., No. 3:09-cv-039 (S.D. Ohio March 31, 2009). Lead counsel in suit by former professor challenging denial of tenure. Case removed to federal court based on federal labor preemption, then dismissed with prejudice based on 6-month statute of limitations under Section 301 of the Labor Management Relations Act.
· Wilkins v. Riveredge Hospital, 2004 WL 906010 (N.D. Ill. April 26, 2004), aff'd, No. 04-2356 (7th Cir. May 10, 2005) (Unpublished Order). Lead counsel in Title VII reverse discrimination suit filed by former mental health counselor who alleged that he was terminated and then not rehired by Riveredge Hospital due to his gender. On April 26, 2004, Judge Shadur granted the Hospital's motion for summary judgment and dismissed all claims. The Seventh Circuit affirmed in an Unpublished Order on May 10, 2005.
· Dziki v. Duron, Inc., Case No. 98 L 9141 (Circuit Court of Cook County 2001). Sole trial counsel on behalf of national paint and wall covering manufacturer in defense of retaliatory discharge claim. The case was tried over 4 days in March 2001. At the close of Plaintiff's case, court granted Defendant's motion for directed verdict on Plaintiff's claim for punitive damages. Jury then reached a verdict in favor of Defendant on all remaining claims.
· Cusack v. INX International Ink Co. (AAA Atlanta, Georgia 2000). Sole counsel on behalf of INX in arbitration case brought by former sales rep alleging that she was sexually harassed and subjected to discrimination in her compensation at INX. After two-day arbitration hearing the arbitrator ruled in favor of INX on all claims.
· Sample v. Aldi Inc., USDC (N.D. Ill.). Title VII and § 1981 class action alleging race discrimination in promotion and discharge. Court dismissed class allegations and subsequently granted motion for summary judgment on the individual claims. The Seventh Circuit affirmed the dismissal. 61 F. 3d 544 (1995).
Professional & Civic Associations
· Member, Mayor Daley's 21st Century Leadership Council
· Interim Director of Labor Relations, Chicago Public Schools (October 2001-June 2002)
· Past Chairman, Leadership Council for Metropolitan Open Communities
· Board Member, Ounce of Prevention Fund
· Board Member, Children First Fund: Chicago Public Schools Foundation
· Board Member, Chicago Committee on Minorities in Large Law Firms
· Member, American Bar Association, Labor and Employment Committee
· Member, Chicago Bar Association, Employment Law Committee
· Member, Cook County Bar Association