Frank Harty is the Chair of the Labor and Employment Department at Nyemaster Goode. He received a B.B.A. with honors in Industrial Relations from the University of Iowa School of Business. Frank graduated Order of the Coif from Drake University Law School where he was Editor in Chief of the Drake Law Review. Frank has given speeches and authored articles on labor and employment law on numerous occasions. His works include pieces on sex discrimination, litigating wrongful discharge cases, enforcing employment agreements, and using expert witnesses at trial.
Frank is recognized as a Leading Individual Labor and Employment Lawyer in Iowa by Chambers and Partners and is recognized by The Best Lawyers in America. Frank is a fellow of the Iowa Academy of Trial Lawyers.
Frank is a member of the National Institute for Trial Advocacy, the Iowa Defense Counsel Association and the Employment Law Alliance. He has taught trial advocacy and employment law at the Drake University Law School. Frank is Past Chair of the Labor and Employment Law Section of the Iowa State Bar Association.
Significant Cases
First chair in over 50 jury trials.
Gross v. FBL Fin. Servs., Inc., 557 U.S. __ (2009). The U.S. Supreme Court held that a plaintiff bringing an age discrimination claim under the ADEA must prove, by a preponderance of the evidence, that age was the "but-for" cause of the challenged adverse employment action.
Ernster v. Luxco, Inc., 596 F.3d 1000 (8th Cir. 2010). Court of Appeals affirmed entry of judgment on defense verdict after jury trial regarding issue of whether the plaintiff was an employee or independent contractor of the defendant. (Plaintiff alleged age discrimination claims under the ADEA and ICRA).
Brubaker et al v. Deere, No. 3:08-cv-00113 (S.D. Iowa Oct. 16, 2009). Assisted defense team in ERISA class action resulting in defense judgment.
Doe v. Cent. Iowa Health Sys., 766 N.W.2d 787 (Iowa 2009). Iowa Supreme Court held that expert testimony required where plaintiff had serious pre-existing mental problems.
Singh v. Allen Mem'l Hosp., No. 6:04-cv-2090 (N.D.Iowa Aug. 3, 2006). Defense verdict on claims of national origin and race discrimination.
Woods v. Valley W. Oil, No. LACL093064 (Iowa Dist. Ct. June 29, 2005). Successful result in first jury trial in 20 years under the Iowa Civil Rights Act on state claims of gender discrimination. Plaintiff dismissed her case after her cross-examination by Mr. Harty.
Cline v. The HON Co., No. LACV014615 (Iowa Dist. Ct. July 2, 2004). Defense verdict on common law claims of wrongful discharge in violation of public policy, breach of an implied employment contract and unlawful retaliation in violation of the Iowa Civil Rights Act.
Allen v. HON Indus., Inc., No. 00-2017 (Iowa Ct. App. Dec. 28, 2001). The Iowa Court of Appeals upheld lower court's summary judgment in favor of Defendant on claims of breach of employment contract and negligent and/or fraudulent misrepresentation.
Matzke v. Mary Greeley Med. Ctr., No. 99-2042 (Iowa Ct. App. Apr. 11, 2001). The Iowa Court of Appeals entered judgment setting aside the judgment in favor of the Plaintiff and dismissing the Plaintiff's claim of being entitled to a gainsharing bonus under the Iowa Wage Payment Collection Act.
Niemeir v. Lear Corp., No. 3:99-cv-60191 (S.D. Iowa Apr. 26, 2001). Obtained defense verdict and successfully defended employer against hostile environment and retaliation claims by Plaintiff alleging a three-year pattern of abusive conduct.
Fasse v. Big-Sur Waterbeds, et al., No. 4:95-cv-30718 (S.D.Iowa May 23, 1997). Successfully defended sexual harassment and retaliation jury trial; resulted in defense verdict.
Bush v. Marshalltown Med. & Surgical Ctr., No. 4:93-cv-80789 (S.D.Iowa Mar. 12, 1996). Successfully defended the first sexual harassment and retaliation jury trial tried in the Southern District of Iowa; resulted in defense verdict.
Tenny v. Roman Catholic Diocese of Des Moines, No. 4:94-cv-30102 (S.D.Iowa May 23, 1995). Successfully defended the first Americans with Disabilities Act case involving a plaintiff with AIDS to be decided by the United States District Court for the Southern District of Iowa.
Very Recent Speeches
Preserving the Privilege, presented ethics speech to in-house legal departments (December 2009).
Computer Fraud and Abuse Act - the Good, the Bad and the Ugly, 2008 e-Commerce Section Seminar, Iowa State Bar Association (December 12, 2008).
Recent Developments Under the Family and Medical Leave Act, Nyemaster Goode Labor and Employment Practice Group Seminar (June 26, 2008).
Record Retention: Minimizing the Headaches of Electronic Discovery, Iowa Society of Healthcare Attorneys (May 8, 2008). here for the speechhandout.
Recent Developments Under the Family and Medical Leave Act, Iowa Municipal Finance Officers Association (April 17, 2008). here for the speech handout.
Preserving the Attorney-Client Privilege in Corporate Communications: Common Errors, American Corporate Counsel Association (March 20, 2008).
Publications
Wage and Hour Laws: A State-by-State Survey, ABA Section of Labor and Employment Law (2010 cumulative supplement) (Chapter Author).
Wage and Hour Laws: A State-by-State Survey, ABA Section of Labor and Employment Law (2008 cumulative supplement) (Chapter Author).
Computer Fraud and Abuse Act: A New Tool for Employers, Iowa Defense Counsel Association Newsletter, Vol. XVII, No. 4 (Fall 2008).
Arbitrating Employment Claims: Watch Out for These Traps, 66 The Iowa Law. 53 (2006).
Sex Discrimination in Iowa, An Analysis and Critique, 44 Drake L. Rev. 261 (1996).
Employment Torts: Emerging Areas of Employer Liability, 39 Drake L. Rev. 1 (1990).
Competition Between Employer and Employee: Drafting and Enforcing Restrictive Covenants in Employment Agreements, 35 Drake L. Rev. 251 (1986).
Expert Testimony Under the Iowa Rules of Evidence, Proffering and Resisting Expert Opinion, 36 Drake L. Rev. 343 (1987).
The Relative Priority of a Landlord's Lien and Article Nine Security Interest, 35 Drake L. Rev. 27 (1986) (Co-Author).
Special Recognition
The Best Lawyers in America, 2005-2012
Lawyer of the Year - Labor & Employment, 2011
Chambers USA, 2003-2011
Great Plains Super Lawyers, Employment & Labor, 2009-2012
Benchmark Leading Litigation Attorney, 2011
Who's Who Legal USA - Management Labor & Employment Law, 2006-2007
Martindale-Hubbell Rating
AV® Preeminent
Academic Achievements
Order of the Coif
Editor in Chief, Drake Law Review, 1983-1984
Associate Editor, American Bar Association Tort and Insurance Law Journal, 1993-1996
Associations & Affiliations
American Bar Association
Iowa State Bar Association
Chair, Labor and Employment Law Section, 1995-1998
President, Young Lawyers Division, 1994-1995
Polk County Bar Association
Iowa Defense Counsel Association
National Institute of Trial Advocacy
National Association of Diocesan Attorneys
Iowa Hospitals and Health Systems Association
Professional Experience
Adjunct Professor, Employment Law, Drake University Law School, 1998-1999
Adjunct Professor, Trial Advocacy, Drake University Law School, 1991-1992
Lecturer, Business Law and Personnel Management, Simpson College, 1987
Activities & Interests
Letter winner (football), University of Iowa, 1980
Member, Hawkeye Honor Board, 1980
Member, Iowa Varsity Club, 1980-present
Member, District 5C Judicial Nominating Commission, 2004-2009
Board Member, Drake Law School Foundation Board, 2004-2007
Community Involvement
President, American Cancer Society, Polk County Division, 1988
Greater Des Moines Leadership Institute, 1993
Board Member, Urban Dreams, 2000-2002
Board Member, Holy Family School Foundation, 2000-2003
Founding Trustee, St. Francis Catholic Parish of West Des Moines, 1996
Building Commission, Roman Catholic Diocese of Des Moines, 1994-2000
Member, Knights of Columbus, 1984-present
Board Member, Dowling Catholic High School Foundation, 2006-present