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Bostock v. Clayton County and Implications for Title VII Litigation

July 6, 2020

Bostock v. Clayton County and Implications for Title VII Litigation
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Angela Hart-Edwards

Angela Hart-Edwards

Partner

101 Constitution Avenue, NW
Suite 900
Washington, D.C., 20001
angela.hartedwards@nelsonmullins.com

Angela Hart-Edwards focuses her practice in all aspects of employment law with an emphasis on representation of employers in individual and class and collective litigation matters in state and federal courts nationwide. She has tried more than 50 cases to verdict. Her clients represent diverse industries, including construction, defense, and technology government contractors, manufacturing, logistics,...

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Angela Hart-Edwards focuses her practice in all aspects of employment law with an emphasis on representation of employers in individual and class and collective litigation matters in state and federal courts nationwide. She has tried more than 50 cases to verdict. Her clients represent diverse industries, including construction, defense, and technology government contractors, manufacturing, logistics, utilities, higher education institutions, nonprofits, government, healthcare, staffing, retail, and hospitality.

Ms. Hart-Edwards is a former Equal Employment Opportunity Commission (EEOC) and Department of Justice Civil Rights attorney. She also is a former Assistant U.S. Attorney for the District of Columbia. With that experience, she defends government contractor and other private sector employers in individual and multi-plaintiff employment discrimination lawsuits, EEOC and Office of Federal Contractor Compliance Programs (OFCCP) systemic discrimination actions, and in wage and hour and class and collective actions. She also represents businesses in commercial law disputes and conducts internal investigations, writes employment policies and handbooks, serves as a corporate diversity counselor, and trains management on the myriad of laws impacting the workplace. In addition, she conducts labor and employment law diligence for corporate and private equity-related mergers and acquisitions. Ms. Hart-Edwards also defends companies in various types of commercial litigation and government inquiries that are sometimes initiated by grand jury subpoenas

Angela Hart-Edwards

utilities, higher education institutions, nonprofits, government, healthcare, staffing, retail, and hospitality.

Ms. Hart-Edwards is a former Equal Employment Opportunity Commission (EEOC) and Department of Justice Civil Rights attorney. She also is a former Assistant U.S. Attorney for the District of Columbia. With that experience, she defends government contractor and other private sector employers in individual and multi-plaintiff employment discrimination lawsuits, EEOC and Office of Federal Contractor Compliance Programs (OFCCP) systemic discrimination actions, and in wage and hour and class and collective actions. She also represents businesses in commercial law disputes and conducts internal investigations, writes employment policies and handbooks, serves as a corporate diversity counselor, and trains management on the myriad of laws impacting the workplace. In addition, she conducts labor and employment law diligence for corporate and private equity-related mergers and acquisitions. Ms. Hart-Edwards also defends companies in various types of commercial litigation and government inquiries that are sometimes initiated by grand jury subpoenas

Angela Hart-Edwards focuses her practice in all aspects of employment law with an emphasis on representation of employers in individual and class and collective litigation matters in state and federal courts nationwide. She has tried more than 50 cases to verdict. Her clients represent diverse industries, including construction, defense, and technology government contractors, manufacturing, logistics,... utilities, higher education institutions, nonprofits, government, healthcare, staffing, retail, and hospitality.

Ms. Hart-Edwards is a former Equal Employment Opportunity Commission (EEOC) and Department of Justice Civil Rights attorney. She also is a former Assistant U.S. Attorney for the District of Columbia. With that experience, she defends government contractor and other private sector employers in individual and multi-plaintiff employment discrimination lawsuits, EEOC and Office of Federal Contractor Compliance Programs (OFCCP) systemic discrimination actions, and in wage and hour and class and collective actions. She also represents businesses in commercial law disputes and conducts internal investigations, writes employment policies and handbooks, serves as a corporate diversity counselor, and trains management on the myriad of laws impacting the workplace. In addition, she conducts labor and employment law diligence for corporate and private equity-related mergers and acquisitions. Ms. Hart-Edwards also defends companies in various types of commercial litigation and government inquiries that are sometimes initiated by grand jury subpoenas

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

Labor & Employment Matters

  • Served as lead counsel in numerous employment discrimination individual and class matters under all federal discrimination statutes and applicate state laws in various jurisdictions nationwide
  • Developed training modules and trained law enforcement officers departmentwide on sexual harassment prevention and respectful treatment in the workplace, which facilitated a culture of EEO compliance and a decrease in the number of harassment claims

Wage & Hour

  • Defended large government contractor in wage and hour investigations and obtained close-out letter finding compliance with federal wage and hour laws
  • Represented a manufacturing company facing a multimillion-dollar wage and hour class action brought by current and former employees who claimed nonpayment of wages for hours worked during meal and break periods. The class was not certified

Government Investigations & Corporate Compliance Matters

  • Represented a utility company as labor and employment investigations counsel, recommended remedial responses, and provided compliance counseling
  • Represented a company targeted for criminal investigation. The company avoided criminal prosecution and met the conditions of a non-prosecution agreement
  • Conducted a risk assessment; identified and facilitated remediation of systemic issues, designed policies and procedures to prevent future similar violations, obtained an order quashing a subpoena for a broad category of records, and developed a corporate ethics program to facilitate compliance with applicable lase and regulations
  • Conducted investigations to assist a national company determine issues related to whether classes of individuals were independent contractors or employees
  • Serve as outside general counsel to nonprofit organizations
  • Represented a college in the comprehensive review of policies and related complaint and appeal procedures that govern the conduct of faculty, administrators, staff, and students
  • Served as investigations counsel for a university on student, faculty, and staff complaints alleging misconduct. Determined the applicable policy, procedure, and/or law, investigated complaints reported, wrote an investigation report, recommended next steps, and provided advice and counsel to the university regarding its options and potential implications   

Government Contractor Labor and Employment

  • Assisted a Fortune 100 company comply with its affirmative action plans for women and minorities, respond to an OFCCP desk audit, and avoid an on-site review and off-site analysis and obtain a no violation closure letter from the OFCCP. Company officials had certified compliance with AAPs for many years but had not done so. Company avoided losing its government contractor status
  • Facilitate compliance by a government contractor with 13 collective bargaining agreements spanning nine states and assisted with collective bargaining

Commercial Law

  • Obtained summary judgement dismissal of Fortune 50 sub-contractor multimillion- dollar cross-claims brought against client small government contractor
  • Drafted and negotiated all third party vendor contracts for large agricultural client

Education

  • Rutgers University, BA, Labor Studies (1987)
  • Temple University, LLM, Trial Advocacy (1996)
  • Temple University School of Law, JD (1990)

Admissions

  • District of Columbia
  • Maryland
  • New Jersey
  • Pennsylvania
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Benchmark Litigation, Washington, D.C. “Labor & Employment Star” (2020)
  • Washington, D.C. Super Lawyers – Employment & Labor (2014 – 2020)
  • Charles Glich Award for providing independent housing to adults with disabilities (2010)
  • Diversity MBA Magazine, Diverse Executive & Emerging Leaders, recognized as one of the Top 100 Nationwide Under 50 (2009)
  • Featured in the 2020 Top 100 Attorneys Magazine 
  • Instructor, Corporate Executive Diversity and Inclusion, The Conference Board
  • Adjunct Professor, Corporate Diversity Counseling, Georgetown Law Center
  • Adjunct Professor, Introduction to American Cultures, Rutgers, The State University of New Jersey,
  • Instructor, Trial Skills, The National Institute for Trial Advocacy
  • Instructor, Americans with Disabilities Act, The Philadelphia Bar Education Center
  • NAACP, Life Member
  • National Labor and Employment Council, Member
  • National Employment Law Council, Member
  • DRI – The Voice of the Defense Bar
  • Maryland Commission on Civil Rights, General Counsel to the Commissioners
  • The Council for Federal EEO and Civil Rights Executives, Advisor
  • Maryland State Bar Association, Employment & Labor Law Section, Member
  • NAACP Council, Parent Representative
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