Shawn Oller is a trial lawyer who represents management and companies in all aspects of employment litigation arbitration, and mediation. Shawn is certified by the New Mexico Board of Specialization in employment and labor law. He practices in federal and state courts in Arizona, New Mexico, and Texas, and before and against federal agencies like the Equal Employment Opportunity Commission and comparable state agencies. He has extensive experience defending harassment and discrimination claims under:
- Title VII
- The Age Discrimination in Employment Act
- The Americans with Disabilities Act
- The Family and Medical Leave Act
- The Arizona Employment Protection Act
- The Arizona Civil Rights Act
- The New Mexico Human Rights Act
- The Texas Human Rights Act
Shawn also defends state law claims for:
- Breach of contract
- Negligent hiring
- Supervision and retention
- Wrongful termination
Some of his notable decisions in Arizona, New Mexico, and Texas include:
- Superior Court of Arizona, June 2012: obtained summary judgment on behalf of municipality against former employee because plaintiff’s claims, based on alleged constructive discharge, were untimely.
- Texas Court of Appeals, April 2012: unanimous opinion reversing trial court and ordering plaintiff’s claims to arbitration pursuant to parties’ agreement.
- U.S. District Court, District of Arizona, April 2012: obtained summary judgment against 19 “class” members in sexual harassment case filed by Equal Employment Opportunity Commission and Arizona Attorney General’s Office.
- Superior Court of Arizona, November 2011: obtained summary judgment on behalf of municipality against 1100+ members of class and, later, decertifying class as to remaining 35 individuals.
- U.S. District Court, District of New Mexico, September 2011: during deposition of plaintiff-whistleblower, obtained voluntary dismissal of all claims against client in exchange for waiving potential sanctions against plaintiff and opposing counsel.
- U.S. District Court, Western District of Texas, July 2011: dismissal of FMLA claim against trucking company because truck driver was ineligible for FMLA benefits.
- United States Court of Appeals, Ninth Circuit, June 2011: unanimous opinion affirming dismissal of police officer's lawsuit against municipality for alleged violations of Title II of the ADA.
- U.S. District Court, District of Arizona, March 2011: obtained summary judgment on behalf of municipality against two former police officers alleging gender and race discrimination as well as retaliation against former municipal employer.
- New Mexico Court of Appeals, March 2011: unanimous opinion affirming summary judgment and dismissing plaintiff's claims based on federal labor law preemption.
- U.S. Court of Appeals, Fifth Circuit, 2010: unanimous opinion affirming summary judgment for trucking company under Motor Carrier Act exemption and holding that staff leasing company stands in shoes of trucking company for exemption purposes.
- U.S. District Court, Northern District of Texas, 2009: obtained summary judgment on behalf of defendant trucking company, dismissing 26-plaintiff collective action under the FLSA based upon Motor Carrier Act exemption.
- U.S. Court of Appeals, Tenth Circuit, 2008: unanimous opinion affirming summary judgment in race discrimination claim under Title VII.
- U.S. District Court, District of New Mexico, 2008: obtained summary judgment on behalf of retail superstore in third-party retaliation claim under Title VII.
- U.S. District Court, Northern District of Texas, 2008: obtained order on behalf of defendant trucking company denying plaintiffs' motions to certify FLSA collective action and motion to toll limitations period.
- U.S. District Court, Arizona, 2007: obtained summary judgment for the Diocese under the Ministerial Act exemption in highly publicized case.
- Texas Court of Appeals, 2000: opinion affirming summary judgment for employer in a nonsubscriber negligence action under Texas law.
- United States District Court, Western District of Texas, 1998: sister decisions from the Western District of Texas exploring contours of the WARN act.
Additionally, Shawn regularly counsels employers on day-to-day personnel matters and practices and compliance, offers telephone advice, and conducts in-house training on employment-related topics. Working with both private and public entities, he counts among his many clients:
- Trucking companies
- Retail establishments
- Public employers
- State governments
Shawn has spoken extensively on a variety of labor issues before business and professional associations. He taught review courses as part of the PHR/SPHR Certification program, as well as a 15-hour seminar course for graduate students on alternative dispute resolution.
Currently a member of Littler Mendelson's Associates Committee, Shawn also serves on the firm's Diversity & Inclusion Council and the Good Business Practices Committee. Previously, he worked as an associate at a firm in El Paso, Texas, and at another firm in Phoenix.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, American Bar Association
- Member, State Bar of Arizona
- Member, State Bar of New Mexico
- Member, State Bar of Texas
- Named, America's Leading Lawyers for Business - Chambers USA, 2012
- Board Certified Specialist in Labor and Employment Law (New Mexico)