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Nelson Mullins is continuing to monitor developments related to COVID-19, including guidance from the Centers for Disease Control and various federal, state, and local government authorities. The firm is taking appropriate precautionary actions and has implemented plans to ensure the continuation of all firm services to clients from both in office and remote work arrangements across our 25 offices. 

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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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Neeru "Nina" Gupta

Neeru "Nina" Gupta

Partner

Atlantic Station
201 17th Street NW
Suite 1700
Atlanta, GA 30363
T 404.322.6109
F 404.322.6050
nina.gupta@nelsonmullins.com
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Nina Gupta focuses her practice on education law, representing public and private educational entities, vendors, and professionals. She works directly with governing boards regarding effective policy development and compliance. She also focuses on disability and discrimination law and routinely counsels her clients in all aspects of the Individuals with Disabilities Education Act, the Americans with Disabilities Act,...

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Nina Gupta focuses her practice on education law, representing public and private educational entities, vendors, and professionals. She works directly with governing boards regarding effective policy development and compliance. She also focuses on disability and discrimination law and routinely counsels her clients in all aspects of the Individuals with Disabilities Education Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Title IX, and related statutes. In addition, Ms. Gupta handles a range of employment issues, from internal investigations, administrative proceedings, to state and federal litigation. She also assists her clients in handling a variety of day-to-day student and operational issues.

Neeru "Nina" Gupta

Section 504 of the Rehabilitation Act, Title IX, and related statutes. In addition, Ms. Gupta handles a range of employment issues, from internal investigations, administrative proceedings, to state and federal litigation. She also assists her clients in handling a variety of day-to-day student and operational issues.

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.

Experience

  • Serves as Board counsel for public school boards
  • Negotiates executive compensation contracts for senior officials
  • Provides advice and guidance regarding all areas of education law, including personnel matters, student matters, and operational issues
  • Represents educational entities in the Office of State Administrative Hearings, before state and federal administrative agencies, as well as state and federal trial and appellate courts in matters involving IDEA, Section 504, ADA, Title IX, Title VII, Section 1983, and constitutional claims
  • Registered neutral with the Georgia Office of Dispute Resolution

Representative Cases

Ms. Gupta has served as lead counsel and co-counsel in special education cases in which she has defended school districts accused of violating federal and state statutes regarding students with disabilities, including the following:

  • A.E.B. v. Cobb County School District, CAFN 1:07-cv-00575 (N.D. Ga. 2009)
  • A.G. v. Fulton County School District, CAFN 1:07-cv-00598 (N.D. Ga. 2009)
  • Fulton County School District v. S.C., CAFN 1:07-cv-01907 (N.D. Ga. 2009)
  • W.C. v. Cobb County School District, 407 F. Supp. 2d 1351 (N.D. Ga. 2005)
  • K.C. v. Fulton County School District, 2006 U.S. Dist LEXIS 47652 (N.D. Ga. 2006)
  • S.M. v. Fulton County School District, CAFN 1:05-cv-00960 (N.D. Ga. 2007)
  • G.R. v. Cobb County School District, Civil Action No.: 08-1-7263-40 (2009)
  • Child with a Disability v. Cobb County School District, 109 LRP 72062 (Georgia SEA 2009)
  • Child with a Disability v. Cobb County School District, 108 LRP 46614 (Georgia SEA 2008)
  • Child with a Disability. v. Cobb County School District, 108 LRP 25048 (Georgia SEA 2008)
  • Child with a Disability. v. Cobb County School District, 107 LRP 59628 (Georgia SEA 2007)
  • Fulton County School District v. Child with a Disability, 106 LRP 21100 (Georgia SEA 2006)
  • Z.M.S. v. Paulding County School District, 107 LRP 964 (Georgia SEA 2006)
  • Child with a Disability v. Cobb County School District, 104 LRP 35927 (Georgia SEA 2004)
  • Fulton County School District v. Child with a Disability, 104 LRP 35945 (Georgia SEA 2004)
  • Fulton County School District v. Child With a Disability, 104 LRP 35945 (Georgia SEA, 2004)

In addition, Ms. Gupta has defended school districts in personnel matters. She has defended school districts in Fair Dismissal Act disputes, such as:

  • Stanley v. Clayton County School District et al., Civil Action No. 2012-CV-03110-05 (2012)
  • Austin v. Clayton County School District et al., Civil Action No. 2012-CV-03111-08 (2012)
  • Reddish v. Fulton County School District, Civil Action No. 2005-CV-97088 (2007)
  • Served as co-counsel in Anderson-Sorhaindo v. Fulton County School District, Civil Action No. 1:02-cv-00346-GGB (N.D. Ga. 2004), in which a federal jury returned a full defense verdict in favor of a school district accused of pregnancy discrimination
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.

Experience

  • Serves as Board counsel for public school boards
  • Negotiates executive compensation contracts for senior officials
  • Provides advice and guidance regarding all areas of education law, including personnel matters, student matters, and operational issues
  • Represents educational entities in the Office of State Administrative Hearings, before state and federal administrative agencies, as well as state and federal trial and appellate courts in matters involving IDEA, Section 504, ADA, Title IX, Title VII, Section 1983, and constitutional claims
  • Registered neutral with the Georgia Office of Dispute Resolution

Representative Cases

Ms. Gupta has served as lead counsel and co-counsel in special education cases in which she has defended school districts accused of violating federal and state statutes regarding students with disabilities, including the following:

  • A.E.B. v. Cobb County School District, CAFN 1:07-cv-00575 (N.D. Ga. 2009)
  • A.G. v. Fulton County School District, CAFN 1:07-cv-00598 (N.D. Ga. 2009)
  • Fulton County School District v. S.C., CAFN 1:07-cv-01907 (N.D. Ga. 2009)
  • W.C. v. Cobb County School District, 407 F. Supp. 2d 1351 (N.D. Ga. 2005)
  • K.C. v. Fulton County School District, 2006 U.S. Dist LEXIS 47652 (N.D. Ga. 2006)
  • S.M. v. Fulton County School District, CAFN 1:05-cv-00960 (N.D. Ga. 2007)
  • G.R. v. Cobb County School District, Civil Action No.: 08-1-7263-40 (2009)
  • Child with a Disability v. Cobb County School District, 109 LRP 72062 (Georgia SEA 2009)
  • Child with a Disability v. Cobb County School District, 108 LRP 46614 (Georgia SEA 2008)
  • Child with a Disability. v. Cobb County School District, 108 LRP 25048 (Georgia SEA 2008)
  • Child with a Disability. v. Cobb County School District, 107 LRP 59628 (Georgia SEA 2007)
  • Fulton County School District v. Child with a Disability, 106 LRP 21100 (Georgia SEA 2006)
  • Z.M.S. v. Paulding County School District, 107 LRP 964 (Georgia SEA 2006)
  • Child with a Disability v. Cobb County School District, 104 LRP 35927 (Georgia SEA 2004)
  • Fulton County School District v. Child with a Disability, 104 LRP 35945 (Georgia SEA 2004)
  • Fulton County School District v. Child With a Disability, 104 LRP 35945 (Georgia SEA, 2004)

In addition, Ms. Gupta has defended school districts in personnel matters. She has defended school districts in Fair Dismissal Act disputes, such as:

  • Stanley v. Clayton County School District et al., Civil Action No. 2012-CV-03110-05 (2012)
  • Austin v. Clayton County School District et al., Civil Action No. 2012-CV-03111-08 (2012)
  • Reddish v. Fulton County School District, Civil Action No. 2005-CV-97088 (2007)
  • Served as co-counsel in Anderson-Sorhaindo v. Fulton County School District, Civil Action No. 1:02-cv-00346-GGB (N.D. Ga. 2004), in which a federal jury returned a full defense verdict in favor of a school district accused of pregnancy discrimination

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Recognitions

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.

Professional Activities

  • Member, Atlanta Bar Association
  • Founding Member IndusBar of Georgia
  • Member, Georgia Association of Women Lawyers

Community

  • Member, Council for Exceptional Children
  • Board Member and Public Policy Committee Chair, Partnership Against Domestic Violence
  • Leadership DeKalb graduate, Class of 2017

Nina Gupta focuses her practice on education law, representing public and private educational entities, vendors, and professionals. She works directly with governing boards regarding effective policy development and compliance. She also focuses on disability and discrimination law and routinely counsels her clients in all aspects of the Individuals with Disabilities Education Act, the Americans with Disabilities Act,... Section 504 of the Rehabilitation Act, Title IX, and related statutes. In addition, Ms. Gupta handles a range of employment issues, from internal investigations, administrative proceedings, to state and federal litigation. She also assists her clients in handling a variety of day-to-day student and operational issues.

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.

Experience

  • Serves as Board counsel for public school boards
  • Negotiates executive compensation contracts for senior officials
  • Provides advice and guidance regarding all areas of education law, including personnel matters, student matters, and operational issues
  • Represents educational entities in the Office of State Administrative Hearings, before state and federal administrative agencies, as well as state and federal trial and appellate courts in matters involving IDEA, Section 504, ADA, Title IX, Title VII, Section 1983, and constitutional claims
  • Registered neutral with the Georgia Office of Dispute Resolution

Representative Cases

Ms. Gupta has served as lead counsel and co-counsel in special education cases in which she has defended school districts accused of violating federal and state statutes regarding students with disabilities, including the following:

  • A.E.B. v. Cobb County School District, CAFN 1:07-cv-00575 (N.D. Ga. 2009)
  • A.G. v. Fulton County School District, CAFN 1:07-cv-00598 (N.D. Ga. 2009)
  • Fulton County School District v. S.C., CAFN 1:07-cv-01907 (N.D. Ga. 2009)
  • W.C. v. Cobb County School District, 407 F. Supp. 2d 1351 (N.D. Ga. 2005)
  • K.C. v. Fulton County School District, 2006 U.S. Dist LEXIS 47652 (N.D. Ga. 2006)
  • S.M. v. Fulton County School District, CAFN 1:05-cv-00960 (N.D. Ga. 2007)
  • G.R. v. Cobb County School District, Civil Action No.: 08-1-7263-40 (2009)
  • Child with a Disability v. Cobb County School District, 109 LRP 72062 (Georgia SEA 2009)
  • Child with a Disability v. Cobb County School District, 108 LRP 46614 (Georgia SEA 2008)
  • Child with a Disability. v. Cobb County School District, 108 LRP 25048 (Georgia SEA 2008)
  • Child with a Disability. v. Cobb County School District, 107 LRP 59628 (Georgia SEA 2007)
  • Fulton County School District v. Child with a Disability, 106 LRP 21100 (Georgia SEA 2006)
  • Z.M.S. v. Paulding County School District, 107 LRP 964 (Georgia SEA 2006)
  • Child with a Disability v. Cobb County School District, 104 LRP 35927 (Georgia SEA 2004)
  • Fulton County School District v. Child with a Disability, 104 LRP 35945 (Georgia SEA 2004)
  • Fulton County School District v. Child With a Disability, 104 LRP 35945 (Georgia SEA, 2004)

In addition, Ms. Gupta has defended school districts in personnel matters. She has defended school districts in Fair Dismissal Act disputes, such as:

  • Stanley v. Clayton County School District et al., Civil Action No. 2012-CV-03110-05 (2012)
  • Austin v. Clayton County School District et al., Civil Action No. 2012-CV-03111-08 (2012)
  • Reddish v. Fulton County School District, Civil Action No. 2005-CV-97088 (2007)
  • Served as co-counsel in Anderson-Sorhaindo v. Fulton County School District, Civil Action No. 1:02-cv-00346-GGB (N.D. Ga. 2004), in which a federal jury returned a full defense verdict in favor of a school district accused of pregnancy discrimination

Education

  • University of Michigan Law School, JD (2001)
    • Editorial board of the Michigan Journal of Gender and Law
  • The University of Chicago, BA, Psychology, with honors (1995)

Admissions

  • Georgia
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Georgia

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.

  • Member, Atlanta Bar Association
  • Founding Member IndusBar of Georgia
  • Member, Georgia Association of Women Lawyers
  • Member, Council for Exceptional Children
  • Board Member and Public Policy Committee Chair, Partnership Against Domestic Violence
  • Leadership DeKalb graduate, Class of 2017

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