Representative Matters: Scott D. Gordon

An airline terminated a 20 year employee for various performance and behavior issues. The employee sued claiming race discrimination and retaliation for having filed an earlier Equal Employment Opportunity Commission charge against the airline. Representing the defendant airline, we obtained summary judgment on the retaliation claim. The discrimination claim proceeded to trial. At the close of Plaintiff's evidence, the case was dismissed for failure of proof. Our client was awarded its costs against the plaintiff.

A package delivery service with facilities in several states signed a consent decree to settle litigation with the Equal Employment Opportunity Commission. The Consent decree required that the entire work force be provided training in the prevention of work place discrimination, harassment, retaliation and other issues. Following the requirements of the decree, we designed and presented a three-hour training program to the employees at various facilities in New Mexico and Arizona. The program was videotaped for use in other locations.

Two class action lawsuits were brought against one of the national laboratories by its female and Hispanic employees, who claimed discrimination in pay, promotions, and educational opportunities. The class was alleged to include thousands of workers. Representing the laboratory, we consolidated the two class actions into one federal court case and obtained an order limiting discovery to class certification issues. We obtained dismissal of some of the class claims and then submitted briefs demonstrating that the case should, at best, be balkanized into many different classes. Before the court ruled on whether the case could be certified as a class or a collective action, we entered into negotiations with the class and obtained a favorable settlement agreement.