| Biography | Mary E. Funk is a shareholder in our Litigation Department, handling almost exclusively employment and labor matters. She litigates on behalf of management in state and federal courts, administrative agencies and before arbitrators concerning employment contract disputes; sexual harassment; race, sex, age, national origin and disability discrimination; wrongful termination; Family and Medical Leave Act; Fair Labor Standards Act; non-compete agreements; and unemployment. In addition to litigating cases, Mary proactively counsels clients on issues such as hiring and firing, drug testing and policies, harassment and discrimination investigations, employment policies, wage and hour issues, employee leave issues, and company handbooks. She also negotiates collectively bargained contracts; prepares and implements union avoidance campaigns; and drafts corporate documents related to employment such as contracts, non-compete agreements, policies and procedures, company handbooks, and settlement agreements and releases. Mary is a native of Mt. Pleasant, Iowa, and a 1995 graduate with distinction of the University of Iowa College of Law. During law school, Mary served as a Note and Comment Editor for the Iowa Law Review. She earned her Bachelor of Arts degree from Drake University, graduating magna cum laude, in 1992. Significant Cases UFCW, Local 271, on behalf of Larry Wells v. Plumrose U.S.A., Inc., FMCS No. 10-03229-8 (2010). Arbitrator decided in favor of the employer in a discharge arbitration for fighting in the workplace; claimed defenses of provocation from alleged harasser and retaliation for reporting harassment without merit. UFCW, Local 271, on behalf of Raul Guerrero v. Plumrose U.S.A., Inc., FMCS No. 10-01135-8 (2010). Arbitrator decided in favor of the employer in a suspension arbitration for violation of the company's safety policies and procedures. UFCW, Local 271, on behalf of Ryan Hammitt v. Plumrose U.S.A., Inc., FMCS No. 09-03078 (2010). Arbitrator decided in favor of the employer in a discharge arbitration for violation of the company's attendance policy. UFCW, Local 271, on behalf of Richard Gomez v. Plumrose U.S.A., Inc., FMCS No. 070424-02715-8 (2008). Received an employer/defense verdict in a contract interpretation and discharge arbitration. Antunez v. The HON Co., No. 3:06-cv-00010-CRW (S.D.Iowa 2007). Defense verdict in jury trial on claim of race and national origin discrimination and retaliation (Iowa Civil Rights Act, Title VII and Section 1981). Hildebrant v. Lear Corp., No. 3:03-cv-80099 (S.D.Iowa 2006). Filed for summary judgment on claims of sexual harassment and retaliation. Plaintiff did not resist the motion and, instead, voluntarily dismissed her case with prejudice. Lorance v. HON Indus., No. 3-04-cv-90002 (S.D.Iowa 2005). Plaintiff decided not to pursue her claim and dismissed her case with prejudice. Wigans v. HON Indus., No. 3:04-cv-70084 (S.D.Iowa 2005). Plaintiff dismissed his case with prejudice. Hornung v. Burke Mktg. Corp., Inc., No. 4:03-CV-10604 (S.D.Iowa 2005). Summary judgment granted in favor of the defendant on sexual harassment and retaliation claims. Sereda v. Burlington N. Santa Fe R.R. Co., No. 4:03-cv-10431 (S.D.Iowa 2005). Summary judgment granted in favor of defendant on wrongful termination of employment claim. Cline v. The Hon Co., No. LACV014615 (Iowa Dist. Ct. 2004). Defense verdict in jury trial on claim of retaliation for participation in sexual harassment investigation and breach of handbook. Speeches Sex Discrimination and Harassment in the Heartland: The Girl Next Door, Mai Tais and Sticky Buns , Nyemaster Labor and Employment Law Client Seminar, West Des Moines, Iowa, (June 24, 2010). Employee Background Checks, Employment Law Alliance, National Webinar Panelist, (March 3, 2010). Is the Employee Free Choice Act Still Alive?, Central Iowa Chapter, SHRM, West Des Moines, Iowa, (February 23, 2010). Reductions in Force, American Health Lawyers Association, National AudioConference, (May 6, 2009). The New ADA Amendments, Iowa Association of Women Attorneys, Des Moines, Iowa, (May 1, 2009). Employee Discharge Documentation: Doing it Right, Lorman, Des Moines, Iowa, (March 29, 2009). What You Need to Know About the Employee Free Choice Act, Central Iowa Chapter, SHRM, West Des Moines, Iowa, (February 10, 2009). Embracing Diversity and Eliminating Harassment, Nikkel & Associates, Ames, Iowa, (September 24, 2008). The Top Five Most Common ADA Issues and How to Handle Them, Nyemaster Labor and Employment Law Client Seminar, West Des Moines, Iowa, (June 28, 2008). All Day Universal Supervisor Training, Cass County Memorial Hospital, Atlantic, Iowa, (April 2, 2008). Avoiding Litigation: Building the Foundation for a Lawful Defensible Discharge, Lorman, Des Moines, Iowa, (March 19, 2008). What Every Employee and Supervisor Needs to Know about Sexual Harassment in the Workplace, Swine Graphics Enterprises, Clive, Iowa, (March 13, 2008); Webster City, Iowa, (May 14, 2008); and Osceola, Iowa (May 20, 2008). Positive Employee Relations: Keeping Your Workplace Non-Union, Mt. Pleasant Chamber of Commerce, Mt. Pleasant, Iowa, (February 29, 2008). Employee Rights & Employer Responsibilities, Iowa Institute for Cooperatives, Ames, Iowa, (February 26, 2008). HR Fundamentals: The Laws Behind the Policies, Hospice of Central Iowa, West Des Moines, Iowa, (October 8, 2007). Growing Workplace Violence Concerns and Solutions, Nyemaster Labor and Employment Law Client Seminar, West Des Moines, Iowa, (June 28, 2007). Solutions to Growing Workplace Violence Concerns: Impact on the Workplace and Methods to Prevent and Respond to Situations That Could Threaten Your Organization, Council on Education in Management, Des Moines, Iowa, (April 19, 2007). Recent Developments in Employment Law - Sex, Race, And Other Harassment In The Workplace, Sterling Education, Des Moines, Iowa, (August 17, 2006). Managing the Difficult Employee, Nyemaster Labor and Employment Law Client Seminar, West Des Moines, Iowa, (June 29, 2006). Conducting Work Place Investigations, presented for an electrical contractor client, Ames, Iowa, (June 14, 2006). Drug & Alcohol Testing Training for Supervisors, presented for a manufacturing client, Des Moines, Iowa, (June 13, 2006). Employee Rights & Employer Responsibilities, presented for an association of agribusinesses, Ames, Iowa, (March 1, 2006). Special Recognition Chambers USA, 2006-2011 Great Plains Super Lawyers, Employment & Labor, 2009-2011 Martindale-Hubbell Rating AV® Preeminent Academic Achievements Note and Comment Editor, Iowa Law Review, 1994-1995 Associations & Affiliations American Bar Association Iowa Bar Association
Member of Employment Section; former Co-Chair of annual Employment Section Seminar
Young Lawyers Division, Law Related Education Committee, 1999-2001; State Fair Committee, 1997-1999 Polk County Bar Association Iowa Defense Counsel Illinois Bar Association Central Iowa Chapter, SHRM Iowa Society of Healthcare Attorneys American Health Lawyers Association Community Involvement Faith Lutheran Church, Clive, Iowa: Personnel Committee Chairman, Call Committee, Discernment Committee, Child Educator P.E.O., Chapter OQ, Officer Pi Beta Phi Alumnae Club Judge, American National Collegiate Mock Trial Judge, Iowa High School Mock Trial Tournament and Iowa College of Law Trial Advocacy Competition |