Overview

Denise M. Visconti handles a broad variety of employment litigation matters, most often stemming from claims arising under the California Labor Code and the Fair Labor Standards Act, alleging overtime misclassification and other wage and hour violations. She also has experience with single-plaintiff claims involving:

  • Wrongful termination
  • Sexual harassment
  • Employment discrimination
  • Accommodation

A large portion of her practice involves the defense of clients in class action litigation, particularly in wage and hour matters, along with representative actions and private attorney general matters.

Denise also has extensive experience conducting pay equity audits for all types of employers, from start-ups to Fortune 50 companies, and helped develop the Littler Pay Equity Assessment™, including counseling employers on a broad range of state and federal issues related to pay equity, from compliance, to updating policies and job descriptions, to training managers and recruiters, and more.

She appears in state and federal courts and has handled arbitrations in various forums, including the Financial Industry Regulatory Authority, the American Arbitration Association, and JAMS.  She is particularly familiar with the Employment Non-Discrimination Act and federal, state and local laws and regulations pertaining to gender identity and expression.

Denise regularly provides advice and counseling to clients regarding gender identity and gender expression-related issues, gender transitions in the workplace, and various issues relating to domestic partnerships and same-sex couples. She also has given a number of presentations to human resource professionals, managers, and employees on valuing diversity and creating and maintaining a diverse workplace.

Denise works with a diverse group of clients, including:

  • Bioscience companies
  • Computer technology companies
  • Healthcare organizations
  • Retail establishments
  • Airlines

Denise currently serves as the San Diego Office Managing Shareholder. Prior to that, she served as the San Diego Office representative of the Associates Committee.

Prior to joining Littler Mendelson in January 2004, Denise served as a judicial clerk to the Honorable Louisa S. Porter, Presiding Magistrate Judge, Southern District of California and also served as a judicial clerk to the Honorable Peter A. Nowinski, Eastern District of California. She spent her third year of law school working in the Immigration and Human Rights Legal Clinic helping newly-arriving immigrants obtain political asylum. She also was student director for the Legislative Journal.

Professional & Community Affiliations

Member

Equal Access and Fairness Committee

State Bar of California

Member

Law Practice Management Section, Women Rainmakers Group

American Bar Association

Member

Labor and Employment Section

San Diego County Bar Association

Co-President, Board of Directors

Tom Homann LGBT Law Association

News, Analysis & Press

What Employers Need to Know About Pay Gap Laws

Employee Benefit News

October 26, 2018

Visconti to Lead NSD Business Chamber Board

The San Diego Union Tribune

June 22, 2018

Important Considerations in Pay Equity Audits

Today's General Counsel

June 18, 2018

OSHA Transgender Restroom Guidance in Doubt

Bloomberg BNA Occupational Safety and Health Reporter

February 23, 2017

The Controversy Behind California's Fair Pay Act

Inside Counsel

October 22, 2015

From Pronouns to Restrooms – Accommodating Transgender Employees in the Workplace

Association of Corporate Counsel North Florida Chapter, Fourth Quarter Newsletter 2015

EEOC: Bias based on sexual orientation is illegal

Business Management Daily

July 21, 2015

What Do Employers Need to Know About Providing Restroom Access To Transgender Employees?

Bloomberg BNA Occupational Safety & Health Reporter

July 9, 2015

A Difficult Transition

Human Resource Executive Online

October 16, 2014

Executive Order Gives LGBT Workers New Protections

Corporate Counsel

July 22, 2014

Making an Inclusive Workplace for the LGBT Workforce

Corporate Counsel

March 12, 2014

Supreme Court Narrowly Defines ‘Supervisor’ In Discrimination Case

Thomson Reuters Westlaw Journal Employment

July 10, 2013

Supervisors on the line: The case of Vance v. Ball State

Thomson Reuters Westlaw Journal Employment

December 26, 2012

Discrimination: EEOC Decision That Title VII Protects Transgender Workers Could Have Big Impact

Bloomberg BNA Human Resources Report

May 2012

Gender Identity And Expression: The Next Frontier

Employment Law 360

September 2007

Speaking Engagements

2018 Canada Conference

Toronto, ON

November 16, 2018

Pay Equity

Littler Executive Employer, Phoenix, AZ

May 4, 2018

2018 General Session

Littler Executive Employer, Phoenix, AZ

May 3, 2018

Balancing LGBTQ Issues in an Ever-Evolving Workplace

Littler Executive Employer, Phoenix, AZ

May 3, 2018

The Pay Equity Wave Rolls On: What You Need to Know to Stay Afloat

Littler Executive Employer, Phoenix, AZ

May 3, 2018

Moving Through the Fog: Handling Complex Issues in Workplace Accommodations Involving "Invisible" Disabilities, Gender Identity and Religious Preferences

The 2017 Executive Employer® Conference

May 12, 2017
Don't Be Fooled: Significant New Anti-Discrimination and Harassment Policy Requirements Start April 1 for California Employers

May 11, 2016

Closing the Gender Pay Gap: The Role of State Fair Pay Laws

The 2016 Executive Employer® Conference

May 5, 2016

Same-Sex Marriage, Religion and the Workplace: Accommodating Constitutionally Protected (and Potentially Competing) Rights

The 2016 Executive Employer® Conference

May 5, 2016
Don't Be Fooled: Significant New Anti-Discrimination and Harassment Policy Requirements Start April 1 for California Employers

March 25, 2016
Food and Beverage Industry Employers: Four Current Employment Law Challenges

October 27, 2015
California Passes Sweeping New Law Aimed to Bridge the Gender Wage Inequality Gap

October 19, 2015
Obergefell: What Does Same-Sex Marriage Mean for Employers?

July 21, 2015
A Primer on the OFCCP's Final Rule Prohibiting Discrimination Based on Sexual Orientation and Gender Identity

February 19, 2015
Building a Diverse Workplace: Best Practices for Making Your Workplace LGBT Inclusive

March 4, 2014

Out & About: LGBT Issues and the Globally Mobile Workforce

Global Employer Institute

Littler Mendelson, Washington D.C.

November 9, 2012

Diversity in the Workforce: Thinking Beyond Locally and Acting Globally

Workplace Summit - Out & Equal

November 1, 2012
Transgender Issues in the Workplace

August 21, 2012

Creating a LGBT-Diverse Global Workforce: Overcoming Internal and External Challenges to Creating An Inclusive Workplace

Global LGBT Workplace Summit - Out & Equal

July 2012

It Gets Better: Breaking Down Barriers To Advancement for LGBT Professionals

Catalyst and Littler Mendelson

June 2012

Transgender 101: Keys To An Open and Inclusive Workplace

Diversity Presentation

August 2011

Best Practices for Building a GLBT Inclusive Workplace: Perspectives from Outside and In-House Counsel

National LGBT Bar Association

August 2010

Gender Identity and Expression: Legal Implications In the Workplace in 2010 and Beyond

Contra Costa County Bar Association

July 2010

New Sexual Orientation & Gender Identity Protections in 2010? Managing the Impact on Your Workplace

ELT

February 2010

Valuing Diversity: Keys to Creating Keys to Creating an Open, Respectful and Inclusive Workplace

Diversity presentation

December 2009

Diversity 101: Creating an Open and Inclusive Workplace

Diversity presentation

May 2009

Education

  • J.D., Seton Hall University School of Law, 2000magna cum laude
  • M.S., Carnegie Mellon University, 1991
  • B.S., Carnegie Mellon University, 1989

Bar Admission

California

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court, Southern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California