Mr. Patten’s practice focuses primarily on employment litigation and counseling. He represents employers in federal and state individual and class-based lawsuits covering a wide range of statutes and subjects, including federal and state anti-discrimination and wage and hour laws.
Mr. Patten’s trial and administrative hearing experience has resulted in numerous victories for employers. He is also a frequent appellate practitioner, having obtained appellate court reversals of adverse trial court rulings against his clients. Mr. Patten has substantial experience with the personal representation of chief executive officers and other high level managers, and in obtaining personal victories for those clients.
Mr. Patten has also been quoted on employment matters in a number of publications, including the Daily Labor Report and The New York Times.
Prior to joining Jackson Lewis, Mr. Patten practiced in both the public and private sectors. He was a Trial Attorney with the Equal Employment Opportunity Commission, prosecuting discrimination claims for the federal government, including numerous large pattern and practice and sexual harassment lawsuits. During the time he practiced in-house in the insurance industry, Mr. Patten developed his company’s initial employment practices liability insurance policy.
•“Get Your Disability and Leave Management House in Order,” Society for Human Resource Management Viewpoint (June 2016) [Co-Author]
In the News
January 18, 2019
Paul Patten Discusses Implications of the EEOC's Digital Portals Going Dark During Government Shutdown
Paul Patten discusses the temporary closing of the EEOC's digital portals due to the government shutdown, and how it impacts employers and complainants in Shutdown, Drop in Number of Commissioners Put EEOC on Hold, published by SHRM. Subscription may be required to view article
December 11, 2017
Paul Patten and Michelle Phillips Discuss the Supreme Court Declining to Clarify Sexual Orientation Bias Issue
Paul Patten and Michelle Phillips discuss the Supreme Court declining to review a case that would have resolved a circuit split over whether Title VII prohibits employment discrimination on the basis of sexual orientation in Supreme Court Declines to Clarify Law on Sexual Orientation Discrimination, published by SHRM....
November 20, 2017
Paul Patten Discusses Social Media's Role In Workplace Harassment Complaints
Paul Patten explains how employers can address sexual harassment concerns regarding #MeToo social media posts in #MeToo Postings About Bosses Merit Discussions with HR, published by SHRM. Subscription may be required to view article
December 12, 2018
Class Action Trends Report Fall 2018
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Are you my employer? A patchwork of tests Only in California Prevention pointer Other class action developments
August 13, 2018
Class Action Trends Report Summer 2018
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Disparate impact - discrimination by the numbers Is the FCRA class the new FLSA wage and hour class? Other class action developments...
May 1, 2018
Class Action Trends Report Spring 2018
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Computer-age class action traps #MeToo: A viral movement, a wave of claims The ADA applies in cyberspace, too Online job assessments...
January 20th and Beyond: Workplace Law Under President-Elect Donald Trump
When January 17, 2017 - 2:00 PM to 3:30 PM EST
Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.
Employment Class and Collective Actions
Older Applicants Cannot Utilize ADEA to Challenge Neutral Hiring Criteria, Seventh Circuit Rules
January 29, 2019
The Age Discrimination in Employment Act does not permit non-employees to bring claims under a disparate impact theory, the Seventh Circuit has ruled. Kleber v. CareFusion Corp. (7th Cir. Jan. 23, 2019).
By Paul Patten and Jaime Goetz-Anderson
Employment Class and Collective Actions
ALERT- Plaintiff’s Bar Currently Targeting Online Hiring Practices: What Your Company Needs to Know
December 13, 2017
The latest target of the plaintiff’s overly-aggressive tactics-a company’s use of recruitment ads in hiring employees. All industries and all forms of advertising are potentially coming under attack, including social media platforms and websites dedicated to employee recruiting. Specifically, the plaintiff’s bar has repeatedly targeted
By Stephanie L. Adler-Paindiris, Paul Patten and Eric Magnus
Disability, Leave & Health Management
Seventh Circuit Delivers Blow to EEOC Wellness Program Challenge, But Avoids Ruling on ADA Safe Harbor
January 26, 2017
On January 25, 2017, in Equal Employment Opportunity Commission v. Flambeau, Inc., the Seventh Circuit rejected an EEOC challenge to an employer wellness program. The circuit court had the opportunity to address whether an employer’s wellness program was an involuntary medical examination pursuant to the ADA, 42 U.S.C.
By Kristin L. Bauer and Paul Patten
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