At a Glance
Recipient of the “Best Lawyers in America” recognition and designated one of the Top 50 Women Attorneys in the state of Ohio, Top 25 Women Attorneys in Cleveland and an Ohio Super Lawyer, Stephanie is a certified specialist in employment and labor law. She handles claims in state and federal courts and before agencies such as the Equal Employment Opportunity Commission (EEOC), Ohio Civil Rights Commission (OCRC), Department of Labor, and Occupational Safety and Health Administration (OSHA). She counsels businesses regarding all aspects of employment including executive contracts, severance agreements, avoidance of employment lawsuits and disputes involving sexual harassment, retaliation and discrimination based on age, sex, disability, religion, race, gender and national origin, compliance with wage and hour laws governing overtime pay, exemptions, leaves of absence, COBRA, ERISA and the Family and Medical Leave Act. Stephanie provides legal advice regarding structuring of independent contractor and consulting agreements. She litigates commercial disputes and engages in alternative dispute resolution (ADR) as an advocate and by serving as an arbitrator and mediator.
Education
University of Toledo (B.A., magna cum laude and with college honors, 1978)

DePaul University College of Law (J.D., 1982)
Practices/Industries
Areas of Concentration
  • Employment and Labor Law
  • Discrimination, Sexual and other Harassment Litigation
  • Business Litigation
  • Employment Contracts & Severance Agreements
  • Alternative Dispute Resolution
  • Employment Practice Liability Insurance ("EPLI") Coverage
Representative Experience
  • Trials and courtroom experience since 1982.
  • Defends claims of harassment, retaliation and discrimination on the basis of age, race, religion, sex, disability, national origin, whistleblower, violation of public policy, negligent hiring and retention, FMLA violations, and other wrongful discharge issues including breach of contract, denial of benefits and just cause issues.  Appears before agencies including the EEOC, OCRC, DOL and OSHA.
  • Counsels businesses of all sizes regarding avoidance of employment claims, preparation of employee handbooks, compliance with the Americans with Disabilities Act, Title VII, ADEA, the Fair Labor Standards Act, Family and Medical Leave Act, Fair Credit Reporting Act, Ohio’s fair employment practices laws, and other federal and state statutes governing employment.
  • Defends directors and officers against claims of personal liability for business conduct.
  • Litigates commercial disputes involving, for example, minority shareholder disputes, misappropriation of trade secrets, unfair competition, breach of contract, breach of warranty, breach of fiduciary duty, breach of the duty of loyalty, tortious interference with business relationships and negligence.
  • Handles matters before the U.S. Federal Insurance Deposit Corporation and the U.S. Department of Housing and Urban Development defending allegations of predatory and discriminatory lending practices by banking institutions and violations of the Federal Fair Housing Act, Ohio Fair Housing Act, Truth in Lending Act and Equal Credit Opportunity Act. 
  • Analyzes insurance coverage and litigates declaratory judgment actions in coverage disputes. Particular emphasis in claims arising from sexual molestation and other intentional assaults.
  • Former law clerk to a federal judge in the U.S. District Court for the Northern District of Ohio.
Reported Cases

Trials
Won a race discrimination and retaliation case by unanimous decision of a 12 person jury which returned a defense verdict after a 7 day trial.

Won a $2.8 million jury verdict on behalf of our client, Hitachi Medical Systems America, Inc., following a trial in the United States District Court, Northern District of Ohio over a business dispute.

Appellate Decisions
Prevailed on summary judgment:

Wanda Birch vs. Cuyahoga County Probate Court, 392 F.3d 151, (6th Cir. 2004)

Angela M. Queener, et al. vs. Windy Hill, Nos. 78067 & 78217, 2001 Ohio App. LEXIS 5742 (Ohio Ct. App., Cuyahoga County Dec. 20, 2001)

Clayton Lautner vs. AT&T, No. 95-3756, 1997 U.S. App. LEXIS 1267 (6th Cir. Ohio Jan. 22, 1997)

Certifications
Certified Specialist in Employment and Labor Law since 2001
Honors/Distinctions
Named to Best Lawyers in America®, Labor and Employment Law, Woodward/White (2011-2012)

Recognized as one of the Top 50 women attorneys in the state of Ohio and one of the Top 25 women attorneys in Cleveland by Law & Politics and Cincinnati magazines (2007-present) 

Named an "Ohio Super Lawyer" in a survey of Ohio lawyers by Law & Politics magazine (2004-2012)

American Arbitration Association National Roster of Neutrals (2003-present)

Women of Professional Excellence Award Recipient, YWCA (2002)

AV Rated - Martindale-Hubbell

Publications/Presentations
Publications
“Summary Judgment: Defense Perspective,” Author of Chapter 11, Litigating the Workplace Harassment Case, published by the American Bar Association (2010)

"ABA Treatise," Contributor to Chapter 42, Employment Discrimination Law, Third Edition (2002, 2000 & 1998 Cumulative Supplements)

"Defense Perspective of Summary Judgment," Author of Chapter 12, Litigating the Sexual Harassment Case: A Guide for Plaintiff and Defense Attorneys, published by the American Bar Association (2000)

"How Your Opponent May Try to Limit Your Evidence," Author of Chapter, Age Discrimination Litigation, published by James Publishing (2000)

Corporate Compliance Programs Are In Demand: Here's How to Design An Effective One, Law Department Management Advisor, Issue 196, 2000

Employment Discrimination Law, Third Edition, 1998 Cumulative Supplement, published by the American Bar Association Section on Labor & Employment Law, 1999, Contributor to Chapter 42

RN's Legally Speaking, Contributor, 1997

American's with Disabilities Act "The Safety Management Handbook: A Guide for Facility Managers, 1996, Technical Advisor

Drug Testing Is Here To Stay, RN Magazine, March 1993

Responding to Requests for References, The Corporate Analyst, November, 1992

Job Applicant’s HIV History a Thorny Issue, Plain Dealer, August 11, 1992

Q & A on the ADA, Small Business News, June, 1992

Responding to Requests for References Requires Balancing of Moral, Social & Legal Duties, Hospital Law Newsletter, May, 1992

Employee Handbook Serves Workers, Firm,Crain’s Cleveland Business, April 1992

Employee Claims: When to Call Your Insurer, Employment Law Letter, Winter 1992

Presentations:
"Employee Discipline/Termination/Documentation Strategies Presented to Recovery Resources - Mental Health Agencies/HR Directors," Cuyahoga County Community Mental Health Board (October 2008)

“Managing Your Workforce Following a Reduction in Force” (May 2009)

“Sexual, Racial and Other Harassment in the Workplace" and "Privacy in the Workplace and Conducting an Internal Investigation," Employment Law Update in Ohio, Sterling Education Services (September 2008)

"Winning Sexual Harassment Cases", PriceWaterhouseCoopers General Counsel Forum (August 2006)

Litigation Landmines:  Harassment, Pregnancy Discrimination and Termination, Ulmer & Berne Employment & Labor Law Seminar (May 2006)

Lecturer, American Bar Association; Ohio State Bar Association CLE Institute; Council on Education in Management; Sterling Education Services; and other educational seminars

The Bermuda Triangle of Employment Law, The Deadly Intersection of FMLA, ADA and Workers' Compensation, Ohio State Bar Association CLE Institute (July 2003)

Hiring and Firing: How to Do It Right, Sterling  Education Services (May 2003)

Sexual Harassment Issues - Formulating and Communicating an Effective Harassment Policy, Ohio State Bar Association CLE Institute (November 2001)

An Update in Employment Practice Liability Insurance (EPLI), Society of Chartered Property and Casualty Underwriters, Cleveland Chapter (Cleveland CPCU Chapter) and Risk and Insurance Management Society (RIMS) (February 2001)

Effective Management of Sexual Harassment: Issues in the Workplace and Courtroom, Ohio State Bar Association CLE Institute (November 2000)

Litigating Sexual Harassment Cases:  Tips and Twists, American Bar Association Annual Meeting (July 2000)

Documenting the Hiring Process, Ohio State Bar Association CLE Institute (February 2000)

Sexual Harassment Update in the Wake of Oncale, Ellerth, Farragher and Kolstad, Ohio State Bar Association CLE Institute (December 1999)

EEO Basics, co-sponsored by the American Bar Association Section of Labor & Employment Law, the Labor Law Section of the Ohio State Bar Association in cooperation with the Equal Employment Opportunity Commission and the Ohio State Bar Association CLE Institute (September 1999)

Documenting the Hiring Process, Ohio State Bar Association CLE Institute (February 1999 and March 1999)

Federal Practice and Procedure, Ohio State Bar Association CLE Institute (January 1999)

Y2K (Year 2000) Liability Issues, Federal Tax Update Presentation to Cleveland Chapter, Ohio Society of CPAs (November 1998)

High Tech Discovery:  It’s Here Get Used To It, 35th Annual Midwest Labor & Employment Law Conference (November 1998)

Preparing for Scrutiny – Getting Anti-discrimination & EEOC Policies on Line with Latest in Discrimination Law & Enforcement, Council on Education in Management, Personnel Law Update 1998 Seminar (November 1998)

Motions in Limine (for the defense), American Bar Association “A National Institute on Age Discrimination” (October 1998)

Technology’s Titanic, Media Partner: Crain’s Cleveland Business, Seminar at the Forum, (September 1998)

Getting Employees Back to Work:  Aggressive and Appropriate Responses to FMLA Leave, Council on Education in Management, “Keeping your Workforce at Work:  ADA, FMLA & Workers Comp” seminar (September 1998), also served as an Ohio Conference Leader

Administering the FMLA for Proper Regulatory Compliance, Council on Education in Management (September 1998)

Employment Agreements: The Good, The Bad & The Ugly, Ulmer & Berne Employment & Labor Law Seminar (June 1998)

When Averting Your Eyes Will Lose You a Lawsuit:  Steps You Must Take to Address Sexual Harassment, Council on Education in Management, 13th Annual Ohio Conference (June 1998), also served as an Ohio Conference Leader

Getting Employees Back to Work:  Aggressive and Appropriate Responses to FMLA Leave, Council on Education in Management (May 1998), also served as an Ohio Conference Leader

Administering the FMLA for Proper Regulatory Compliance, Council on Education in Management Keeping Your Workforce at Work Seminar (May 1998)

And You Thought Health Care Law Was Changing – Look What’s Happened in Employment Law:  An Overview of Current Developments in Employment Law Affecting Health Care Employers, Cleveland Bar Association 14th Annual Health Care Law Institute, “Hospital Horror Stories & Current Trends in Employment Law.” (May 1998)

How to Conduct an Internal Investigation, Cleveland Bar Association Practice and Procedure Clinic Employment Law (April 1998)

Getting Employees Back to Work:  Aggressive and Appropriate Responses to FMLA Leave, Council on Education in Management, Keeping Your Workforce at Work:  ADA, FMLA & Workers’ Comp Seminar (March 1998)

How to Conduct an Internal Investigation, Council on Education in Management (February 1998), also served as an Ohio Conference Leader.

Rotting Roses:  Protecting Your Organization from the Escalating (and Expensive) Consequences of Sex and Violence in Today’s Workplace, Council on Education in Management, Personnel Law Update 1997 (November 1997), also served as an Ohio Conference Leader.

Preliminary Issues/Response to Complaint, Ohio State Bar Association CLE Institute, “Basic Equal Employment Opportunity Law & Procedure,” (September 1997)

Hot Issues and Changing Trends in Employment Law, Ulmer & Berne, Annual Employment Seminar/Golf and Tennis Outing (July 1997)

Cleveland Bar Association, “Labor and Employment Law Seminar” (May 1997), also served as Section Chair.

Sexual Harassment Myths Shattered by Recent Court Rulings, Council on Education in Management, “Personnel Law Update” (May 1997)

Preliminaries and Defining the Employment Relationship, Ohio State Bar Association CLE Institute, “Documenting the Hiring Process” (March 1997)

Controlling Attendance in Light of the ADA and FMLA, Council on Education in Management, “Personnel Law Update” (March 1997)

Sexual Harassment, Ulmer & Berne Breakfast Forum Series (January 1997)

Professional Affiliations
American Arbitration Association Commercial Advisory Council (2003-2006)

U.S. District Court, Northern District of Ohio Alternative Dispute Resolution Panel (1992-present)

Cuyahoga County Court of Common Pleas Arbitrator (1985-present)

American Bar Association (Vice Chair, Employer-Employee Relations Committee; Torts & Insurance Practice Section, 1997-present)

Ohio State Bar Association

Cleveland Metropolitan Bar Association (Trustee, 2000-2003 term; Member, Cleveland Bar Association Division of Fees Mediation and Arbitration Committee 1992-present; Chair, Labor and Employment Law Section, 1996-1997; Chair and Presenter, Labor Law Institute, 1996; Labor Law Institute Presenter, 1992-1993; Corporation, Banking and Business Law Institute, 1993)

Ohio Women's Bar Association (Past Member)

Federal Bar Association (Past Member)

Admissions
State of Ohio

U.S. Supreme Court

U.S. Court of Appeals, Sixth Circuit

U.S. District Court, Northern District of Ohio

U.S. District Court, Southern District of Ohio