Elizabeth A. Rodgers

Recognized among the top employment lawyers in the nation, Elizabeth Rodgers has built her reputation zealously litigating complex employment disputes on behalf of individuals for over 35 years.

Practice Areas

Elizabeth’s law practice focuses on the employee.

Over almost four decades of work, she has represented employees at every level, from CEOs to line workers, and in almost every industry. Her practice has also spanned the issues those clients face, including discrimination of all types – sex, age, gender, national origin, race, disability, religion and sexual orientation – retaliation, equal pay, sexual harassment, whistleblowing, unpaid wages, employment contracts, non-competition clauses and severance negotiations. And she has delivered.

Today, Elizabeth is serving in leadership positions in several high profile civil rights cases, including what is expected to be a landmark case involving a noose hung over an employee’s desk, a nationally covered tenure denial case, and a certified class action discrimination case.

What Others Are Saying

With a history of litigating some of the most significant employment cases in Massachusetts, Elizabeth is known as one of the deans of the employment bar. A leader among her colleagues, Elizabeth has been recognized across her industry for excellence.

Super Lawyer, continuously recognized as a Massachusetts Super Lawyer every year since its first publication, 2004-2017 (recognizing the top 5% of the lawyers, across all practice areas; joint edition of Law & Politics and Boston Magazine)

American College of Labor & Employment Lawyers, Fellow since 2008

Martindale-Hubbell, 5-star AV rating since 1984 (the highest possible rating in both Legal Ability and Ethical Standards)

Martindale-Hubbell, recognized in the Inaugural Edition of Preeminent Women Attorneys across the nation (2011)

National Employment Lawyers' Association

Board Member, National Employment Lawyers Association (2014-present).

President, Massachusetts Employment Lawyers Association (affiliate of the National Employment Lawyers Association) (2006-2008).

Recent Lectures/Panels/Government Testimony

Elizabeth is a frequent lecturer, panelist and author on employment law, litigation and ethics, and she is regularly sought for her thoughts and opinions. Below is a selection of recent appearances:

“20th Annual Employment Law Conference,” Faculty, Massachusetts Continuing Legal Education (May 24, 2018)

“Strategic Lessons from Retaliation Cases and Broadway Plays” (National Employment Lawyers’ Association, Regional Seminar “Reining In Retaliation & Winning Whistleblower Cases” April 8–9, 2016)

“Motive, Mosaic and Mistake-Heffernan and the Expansion of Circumstantial Evidence in Proving Employer Motivation” (presentation to Oregon Trial Lawyers Association September 16, 2016)

“Challenging Conversations in Employment Law” (presentation at 2015 National Employment Lawyers’ Association, Annual Convention, Atlanta GA, June 24–27, 2015)

Recent Publications

Below is a selection of recent publications:

Elizabeth A. Rodgers (Co-Author), MCLE: Massachusetts Employment Law (MCLE 2008-2017)

Elizabeth A. Rodgers (Co-Author), MCLE: Massachusetts Wage And Hour Treatise (MCLE 2008-2017)

Significant Appellate Tort Decisions in 2010: From Alice In Wonderland And Tramping Through Ice And Snow, Tort Law Lessons For Employment Lawyers (MCLE, Nov. 2010)

“Is your Client Ready for this? Not your Mother’s Traditional Employment law update”; (Mass. Bar Association, Annual Conference, Plenary presentation, Spring 2010, pp. 251-257).

“Alternative Dispute Resolution: What Lawyers and Neutrals Love/Hate About Each Other” Plenary presentation (MCLE, October 26, 2009)

Surviving Summary Judgment in Employment Litigation, NELA October 23-24, Boston, 2009

“Adverse Actions in Retaliation Cases After Burlington Northern & Sante Fe Ry. V. White”, updated. (National Employment Lawyers’ Association, Fall Conference, Conf. Boston October, 2009, 320-340).

“Avoiding Summary Judgment-or defeating it if necessary” (National Employment Lawyers’ Association, Fall Conference, Conf. Boston October, 2009, 780-812).

“Ten Tools of Mediation, Plaintiff’s Vision” (MCLE, Boston, October 2009)

“Adverse Actions in Retaliation Cases After Burlington Northern & Sante Fe Ry. V. White”

“Using Mediation and other Strategies to Resolve Employment Claims” (NELA Annual Conference, Atlanta 2008)

“Retaliation by Circuit” (Mass. Bar Association, May, 2008)

“Illustrative Emotional Distress Awards in Contract and Tort Actions,” Elizabeth A. Rodgers, Mass. Bar Association: June, 2007 (Materials only)

“Retaliation after Burlington-Northern”, Adverse actions; Massachusetts Bar Association, September, 2006.

“Wage and Hour Class Actions” at Suffolk University Department of Continuing Education, -moderator and chair, Wage and Hour Class Actions. April, 2006.

“Plaintiff’s Perspective for University Counsel,” University Counsel Section, Boston Bar Association, Invited guest speaker, August, 2006.

“Taxation of Emotional Distress Damages- Murphy & Laveille v. IRS,” Mass. Lawyers’ Weekly, article, September 2006.

“Significant Employment Law Decisions of the Massachusetts Appellate Courts: April 2003-2004,” Massachusetts Bar Association 25th Annual Labor and Employment Law Conference, April 2004.

Recently Quoted or Featured In

The Crimson, Meg P. Berhard, “Former Professor Suing University Granted Tenure at Tufts” (April 3, 2015)

Boston Globe, Justine Hofherr, “Low Income Managers May Start Getting Paid for Overtime” (February 19, 2015)

Boston Globe, Marcella Bombardieri, “Harvard Professor Challenges School’s Denial of Tenure” (June 13, 2014)

ABC Boston, Karen Anderson, “Harvard University Professor Sues Over Denied Tenure” (April 29, 2014)

Huffington Post, Tyler Kingkade, “Harvard Accused of Retaliating Against Professor Who Defended Sexual Assault Survivors” (April 17, 2014)

Recent Television and Radio Appearances

ABC Boston – Team 5 Investigates – Elizabeth Rodgers, Philip Gordon and Dr. Kimberly Theidon interview with Karen Anderson (April 29, 2014)

Experience