Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

The number of federal and state laws that protect classes of employees and broaden the definition of prohibited discrimination is ever-increasing. It is quite difficult, if not impossible, for employers to navigate through Title VII, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Americans with Disabilities Act and the many other relevant statutes without assistance. Many of the Firm's labor and employment attorneys concentrate their practice in the defense of employers against discrimination claims, whether they are brought before an administrative agency such as the EEOC, or in federal or state court. Baker Donelson's labor and employment attorneys can assist employers with respect to performing harassment and/or discrimination investigations, preparing formal responses to agency charges and requests for information, and full litigation services once a claim has been filed in court. Because prevention is an integral part of the EEO responsibilities of Human Resources professionals, our attorneys also provide assistance with policy formulation and conduct Supreme Court-mandated supervisor/manager training.

·         Obtained dismissal of a $10.5 million action against piano string manufacturer that included purported causes of action under the Tennessee Public Protection Act and common law prohibition against retaliatory discharge and outrageous conduct. 

·         Obtained summary judgment on behalf of Meharry Medical School in a complaint brought by a former resident of the school's Residency Program claiming breach of contract, negligent misrepresentation, violation of the Americans with Disabilities Act, violation of HIPAA, violation of Fair Labor Standards Act, and of the Privacy Protection Act.

·         Obtained a favorable jury verdict on behalf of a trucking company in a lawsuit filed by a former employee alleging that the company had violated Title VII, Section 1981 of the Tennessee Human Rights Act in that they failed to pay him the same as similarly situated employees and that they retaliated against him for filing an EEOC charge. 

·         Obtained summary judgment for a supplier of parts and accessories to the aircraft industry with respect to the plaintiff's allegations of failure to hire based on race discrimination in violation of Title VII.

·         Obtained summary judgment for Northwest Airlines in a case in which an Equipment Service Employee claimed that the airline violated the Tennessee Handicap Act. The Court found that the claims were pre-empted because they were "inextricably intertwined" with the collective bargaining agreement covering the plaintiff.

·         Successfully defended national trucking company in a race discrimination jury trial alleging violations of Title VII, Section 1981 and the Tennessee Human Rights Act in relation to failure to pay an employee the same as similarly situated employees and alleged retaliation against the employee for filing an EEOC charge.