Pam works with clients across all industries, but has considerable experience working with clients in the following industries: financial services, health care, consumer products, software, manufacturing, and construction.

Representative Litigation Experience

• Achieved dismissal of age discrimination claim by employee with nearly 30 years of service at the company. Pechanach, 2010 WL 1253455 (E.D. Wis. March 24, 2010).
  
  
• Obtained dismissal by OSHA of Sarbanes-Oxley whistleblower claim alleging financial services firm
  terminated employee for reporting and opposing purported fraud on shareholders. Westphal, 5-3100-09-030
  (OSHA February 6, 2009).
  
  
• Successfully moved for summary judgment in a sex discrimination and harassment case related to alleged actions of plaintiff’s male manager. Markowitz, 2008 WL 2401254 (E.D. Wis. June 11, 2008).
  
  
• Convinced court to transfer case from Eastern District of Texas to Western District of Oklahoma because of the convenience of witnesses and parties. Frederick, 558 F. Supp. 2d 699 (E.D. Tex. 2007).
  
  
• Obtained dismissal by NLRB of claim that employer violated National Labor Relations Act when it disciplined employee for lying about attending rally on work time. Vara-Ramos, 30-CA-17442 (July 12, 2006).
  
  
• Achieved dismissal by court of claims for disability, age and sex discrimination arising from denial of a request for indefinite extension of telecommuting arrangement. Mangus, 2006 WL 689128 (E.D. Wis. Mar. 17, 2006).
  
  
• Affirmed grant of summary judgment to company where employee claimed his employer subjected him to a dozen job actions that he alleged were racially discriminatory and retaliatory. Beamon, 411 F.3d 854 (7th Cir. 2005) (argued).
  
  
• Successfully upheld dismissal of disability discrimination case when a former employee, who had a
  “personality conflict” with her supervisor, failed to find another job within the company after a nine-month
  period. Schneiker, 200 F.3d 1055 (7th Cir. 2000) (argued).
  
  
• Obtained dismissal of sex discrimination case at trial after the former employee’s case because of lack of evidence. Cicero-Larsen, Case No. 98-C-0063 (E.D. Wis. 1999).
  
  
• Obtained dismissal of federal court complaint in which a former employee with bipolar affective disorder alleged he was discharged because of his mental condition. Hoeller, 149 F.3d 621 (7th Cir. 1998).
  
  
• Achieved affirmance of dismissal of a federal complaint filed by a former employee, who was discharged because of a loss of funding, but who alleged she was discharged because of her age. Weisbrot, 79 F.3d 677 (7th Cir. 1996).
  
  
• Earned dismissal of federal court disability discrimination complaint when an employee alleged he was discharged because of his medical condition, hydrocephalus. Tuszkiewicz, 967 F. Supp. 1119 (E.D. Wis. 1997).

Representative Affirmative Action / OFCCP Work

• Regularly supervises in hands-on manner preparation of clients’ affirmative action plans (AAPs) and works with clients’ consultants. This includes all details associated with plan creation, such as:
  
  
  
  • Structure of clients’ plans when clients have multiple corporate entities, including some joint ventures
    
  • Structure of plans within each site
    
  • Composition of job groups
    
  • Internal and external feeder jobs and their impact on availability and goals
    
  • Goals
    
  • Impact ratio analyses
    
  • Good faith outreach efforts with current emphasis on veterans and disabled persons
    
  • Discussion of personnel activity and problem areas
    
  • Testing
    
  • Accessibility of applicant process to disabled persons
    
  • Compensation analyses
    
  • EEO-1 reports
    
  • Vets-100A report
  
  
• Advises clients on objections to OFCCP’s assertion of jurisdiction and best approaches to achieve administrative closure of audits, such as:
  
  
  • Achieved administrative closure of OFCCP compliance evaluation without conciliation agreement when contractor did not comply with OFCCP’s affirmative action obligations during federal contract or during audit.
    
  • Achieved administrative closure of financial technology company’s  OFCCP compliance evaluation by demonstrating location under audit was separate from federal contract held by subsidiary.
    
    
  • Achieved administrative closure of financial institution’s OFCCP compliance evaluation by demonstrating contract with an independent federal agency was not a covered federal contract.
    
    
  • Achieved administrative closure of OFCCP compliance evaluation of a company by demonstrating company’s relationship with federal agency was not a covered federal contract.
    
    
  • Achieved administrative closure without violation of OFCCP compliance evaluation of a construction contractor that had not complied with OFCCP obligations before audit.
  
  
• Advises on useful metrics and analyses of AAP for communication to senior leadership in easily understandable terms regarding effectiveness of efforts and demonstrable results within bounds of non-discrimination laws.
  
  
• Advises local and national clients on OFCCP issues, including creation and structure of AAPs, OFCCP audits, recordkeeping, HRIS issues, and applicant tracking issues.
  
  
• Advices clients on affirmative action obligations as part of due diligence in acquisitions and analyzes prior efforts and incorporation of new entity’s plans and actions into acquirer’s affirmative action program.