Eve B. Masinter attended Paul M. Hebert Law School, Louisiana State University where she served on the Law Review and graduated Order of the Coif. She is a partner concentrating her practice in employment, business and healthcare litigation in both state and federal courts, including class action defense. She has handled administrative matters with Medicare, OSHA and the EEOC. She also handles insurance coverage issues. Ms. Masinter is experienced in injunction proceedings in non-compete cases, on the side of management in those involving Unions and in the areas of EEO laws, anti-discrimination, harassment and retaliation, the ADAAA, GINA, discipline and termination of employees, record keeping, medical records and health care liability issues. She often conducts employee and supervisor training on issues such as avoiding harassment and retaliation in the work place.
She is a member of the International Association of Defense Counsel. She serves on the Audit Committee and serves as Vice-Chair of Corporate for the Employment Law Committee and Chair of the Diversity Committee. She served as the Chair of the Program Committee for the 2011 Mid-Year Meeting.
She served as the Chair of the Labor and Employment Law Section of the Louisiana State Bar Association in 2006-2007 and as Vice-Chair, Secretary/Treasurer and as a council member of that Section for several years.
Ms. Masinter presently serves on the founding board for NOLA City Bark, the Dog Park for City Park. She served previously on the Board of Odyssey House, a non-profit residential treatment facility, since 1990, including a period during which she was President and then Chairman. Selected by her peers for inclusion in the 2012 and 2013 edition of The Best Lawyers of America. Recognized by Chambers USA: America's Leading Lawyers for Business for Louisiana for her work in labor and employment in 2008, 2009, 2010, 2011 and 2012. She was also selected by New Orleans City Business as a Woman of the Year in 2003 and 2009 and to be in the Leadership in Law Class of 2008. New Orleans Magazine named Ms. Masinter to their "Top Lawyers" list in 2012.
Federal Bar Association
International Association of Defense Counsel, Audit Committee, Vice-Chair of Corporate for the Employment Law Committee, Chair of the Diversity Committee, Chair of the Program Committee for the 2011 Mid-Year Meeting
Louisiana Hospital Association
Louisiana State Bar Association, Labor and Employment Law Section, Chair (2006-2007), Vice-Chair (2005-2006), Secretary/Treasurer (2004-2005), Council Member (2001-2004)
ABA Committee for Liaison with the EEOC, OFCCP & DOJ
New Orleans Bar Association
Claims & Litigation Alliance (CLM)
Honors and Awards
Omicron Delta Kappa
Phi Kappa Phi
Order of the Coif
Ranked in Chambers USA: America's Leading Lawyers for Business for Louisiana - Labor and Employment, 2008, 2009, 2010, 2011 and 2012
New Orleans CityBusiness - Leadership in Law Class of 2008
New Orleans CityBusiness -Woman of the Year in 2003 and 2009
AV® Preeminent™ Peer Review Rated.
Selected by her peers for inclusion in The Best Lawyers in America® 2012, 2013
Selected by New Orleans Magazine as "Top Lawyers", 2012
E. Masinter, "Alito Speaks for the Court: Timeliness Under Title VII,"Louisiana Bar Journal, Volume 55, Number 2, pp.130-132 - 9/2007
E. Masinter and T. Watson, "Verbal Abuse: Supreme Court Slaps Down Discriminatory Standard",IADC Employment Law Newsletter, No. 1 - 8/2006
E. Masinter, M. Gougisha and T. Watson, "United States Supreme Court Updates",IADC Employment Law Newsletter, No. 10 - 6/2005
E. Masinter and M. Mulkey, "What's Age Got to Do With It?" Recent Developments in Employment Law in the United States Supreme Court, IADC Defense Counsel Journal, Volume 72, Number 2, pp.141-157 - 4/2005
E. Masinter, B. Murray and C. White, "What the Supremes Recently Heard and Recorded", IADC Employment Law Newsletter No. 6 - 1/2005
E. Masinter and S. John, "Supreme Court Update: Drugs, Sex and Money",IADC Employment Law Newsletter No. 3 - 12/2003
E. Masinter and M. Mulkey, "Position Statements to the EEOC: A Trap for The Unwary", IADC Employment Law Newsletter No. 2 - 11/2003
E. Masinter and M. Mulkey, "Employment Cases on the Supreme Court Docket for the 2003-2004 Term", IADC Employment Law Newsletter No. 1 - 10/2003
E. Masinter and S. John, "Recent Developments: Labor and Employment Law," "Supreme Court Limits Permissible Scope of Non-Compete Agreements", Louisiana Bar Journal, Volume 49, Number 4, pp. 330-331 - 1/2002
"Defeating Meritless Unemployment Compensation Claims" and "Strengthening your Personnel Policies against Workplace Discrimination Charges" - Management Update Briefing, Baton Rouge (10/2012)
"Privacy in the Digital Age" - Management Update Briefing (5/2012)
"Confronting Today's Labor & Employment Issues" - for the Greater New Orleans Hotel & Lodging Association (GNOHLA) (6/2012)
"Privacy in the Digital Age" - Current Developments in Labor & Employment Law CLE, Paul M. Hebert LSU Law Center and LSBA Labor & Employment Law Section (3/9/2012)
"Sexual Favoritism in the Workplace: A Bad Idea for Employers"- ABA Liaison Committee (11/16/11)
"Social Networking And HR: The Good, The Bad & The Ugly"-Greater New Orleans Society For Healthcare Human Resources Administration (GNOSHHRA), (10/27/11)
"GINA: The Law and It's Impact on ADA", Update on Labor And Employment Law-Louisiana Chemical Association (10/26/2011)
"Electronic Social Networking: Legal Pitfalls in the Workplace"-Human Resources Management Association (2011 Annual HRMA Conference), October 19, 2011
IADC 2011 Annual Meeting: Co-Presented CLE on GINA to Employment Law Committee and Moderated Panel Discussion among In-House Counsel for Diversity Committee
"The ABC's of Louisiana State Labor & Employment Law" - Modern Management Briefing, September 15, 2011
"The Ever Expanding Area of Disability Discrimination - New EEOC Regulations" - Modern Management Briefing, May 12, 2011
"Employee Handbooks and Policies" - Panel Presentation, 2011 Spring Various Chemical Companies Conference, May 5, 2011
"GINA - The Law and Its Impact on ADA" - Update on Labor and Employment Law Sponsored by Lemle & Kelleher, L.L.P., Gulf States Association of Homes and Services for the Aging, Louisiana Bankers Association, Louisiana Casino Association, Louisiana Hospital Association and Louisiana Hotel & Lodging Association, April 28, 2011 (4/28/2011)
"Emerging Employee Relations Issues Resulting from Electronic Communications" - Presented to Members of the Louisiana Chemical Association and the Louisiana Chemical Industry Alliance, November 5, 2010
"Emerging Employee Relations Issues Resulting from Electronic Communications" - Association of Corporate Counsel - Louisiana Chapter, October 21, 2010
"Strengthening Your EEO Program Against Workplace Discrimination" - Modern Management Briefing, March 4, 2010
"The ADA Amendments Act of 2008" - Human Resource Management Association Panel Discussion, January 10, 2010
"Achieving Cost Containment in Your Employee Relations Program: How to Lower Monetary Exposure to Wrongful Discharge Claims" - Louisiana Chemical Association, October 27, 2009
"Whistle-Blower, Retaliation Claims & Rights of Returning Veterans" - Current Developments in Labor & Employment Law CLE, 3/14/2008 Paul M. Hebert LSU Law Center and LSBA Labor & Employment Law Section
"Preparing Your Company for Tomorrow's Employment Disaster" - 18th Annual Health Law Symposium, 11/2007, Louisiana Hospital Association and The Louisiana Society of Hospital Attorneys
"Recent Developments in Employment Law" - 2007 Annual International Association of Defense Counsel Annual Meeting
"Employment Issues Post Katrina" - 17th Annual Health Law Symposium, 11/2006, Louisiana Hospital Association and The Louisiana Society of Hospital Attorneys
"Reducing Liability Risks for Failing to Effectively Train Managers and Supervisors on Workplace Policies and Procedures and Minimizing Your Exposure to Liability for Unlawful Workplace Harassments" - Council on Education in Management, 8/2006
"The Maze of Employment Issues Arising From Disasters: Guidance & Experience from Hurricane Katrina" - LSBA Employment Law, 8/2006
"What's Age Got to Do With It?" - IADC Recent Developments in Employment Law, Annual Meeting, Hot Springs, VA, 7/2004
"Ethical Issues in Employment Litigation" - ABA EEO Basics Seminar, Panel Discussion, Panelist, New Orleans, LA., 5/2003
"Employment Termination: Issues of The Day" - LSBA Summer School for Lawyers, Destin, FL, 7/2002
"The Fifth Circuit Road Map for Sexual Harassment: Where Do We Go From Here?" - LSU Paul M. Hebert Law Center, Baton Rouge, LA, 3/2001
Barber v. Marine Drilling Mgmt.
C.A. No. 01-1986 Section "T" (4), United States District Court for the Eastern District of Louisiana, 2002 U.S. Dist. LEXIS 2821, February 14, 2002. Motion to Dismiss granted in sexual harassment and state law whistle-blower case. Allegations did not appropriately satisfy that the conduct at issue was "because of sex" or that the conduct was so severe and pervasive as to constitute hostile environment discrimination. - 2/2002
Chauvin v. Sisters of Mercy Health System, St. Louis, Inc.
2001-CA-1834 (La. App. 4 Cir. 5/8/02), 818 So.2d 833 (La. App. 4 Cir., May 08, 2002) (2002 La. App. LEXIS 1748); (NO. 2001-CA-1834). Summary judgment dismissing 1963 blood transfusion recipient's strict liability and negligence claims against hospital for Hepatitis C was upheld. The Court held that, in 1963, virus' presence in blood was "unavoidably unsafe" under the restatement of the Law of Torts 2d, precluding liability. - 5/2002
Taylor v. Books A Million, Inc.
2002 WL 137876, 2002 U.S. App. LEXIS 14165, (5th Cir. (La.), Jul 15, 2002) (NO. 01-31134). In a race discrimination and retaliation case against Books-A-Million, Inc., the U.S. Fifth Circuit affirmed the district court's dismissal of plaintiff's claims under Fed. R. Civ. P. 12(b)(6). The case presented an issue of first impression for the Fifth Circuit regarding the timeliness of the filing of a lawsuit under Title VII after the presumed receipt of a notice of right to sue from the Equal Employment Opportunity Commission. The Fifth Circuit, looking to the United States Supreme Court and other circuits, adopted a seven-day presumption of receipt, where the date of receipt of the EEOC's notice of right to sue was unknown. Under this presumption, the plaintiff's case against Books-A-Million was filed one day too late. - 7/2002
Arnolie v. Orleans Parish School Board, et al
USDC/EDLA No. 01-CV-2984, affirmed, U.S. 5th Cir. No. 02-300415, Decision dated 9/17/02. The Fifth Circuit determined that Arnolie's race discrimination claim was not brought timely, two unfavorable evaluations did not amount to adverse employment actions and school Principals were not "employers" as defined by Title VII. - 9/2002
Santee v. Windsor Court Hotel Ltd., Pshp.
Civil Action No. 99-3891 Section "T" (5), United States District Court for the Eastern District of Louisiana, 2000 U.S. Dist. LEXIS 15960, October 26, 2000. Refusal to hire because of plaintiff's hair color dismissed on summary judgment, as plaintiff did not comply with employer's grooming standards. The court found no basis for constitutional or Title VII race discrimination claims, as no state action was involved and hair color was not a protected class. - 10/2000
Cabrol v. Town of Youngsville
106 F.3d 101, 12 IER Cases 950 (BNA) (5th Cir. (La), Feb 24, 1997) (NO. 96-30219). The Fifth Circuit held that summary judgment was properly granted in favor of employer where terminated employee alleged constitutional violations but lacked a sufficient property interest as an at-will employee and could have been terminated at any time. - 2/1997
(Resident, New Orleans Office)