Overview

Brad Spalding is a trial lawyer who represents and counsels corporate employers regarding labor and employment issues. Brad is certified by the Texas Board of Legal Specialization in labor and employment law, has been designated a “Super Lawyer” by Texas Monthly magazine, and is AV-rated by the Martindale-Hubbell Legal Directory. Brad served on the Labor and Employment Law Exam Commission for the Texas Board of Legal Specialization, and was appointed by Houston Mayor Annise Parker in June 2012 as chair of the city’s Civil Service Commission. His focus includes discrimination, wage and hour laws, privacy, unfair competition, non-compete and non-disclosure agreements, as well as claims arising under:

  • Title VII and Chapter 21 of the Texas Labor Code
  • The Age Discrimination in Employment Act
  • The Americans with Disabilities Act
  • The Fair Labor Standards Act
  • The Worker Adjustment and Retraining Notification Act (WARN)
  • The Fair Credit Reporting Act

Brad has tried numerous cases to jury:

  • United States District Court, New Orleans, December 2013: tried case to jury for casino in Americans with Disabilities Act case filed by table games supervisor who alleged that the casino failed to provide a reasonable accommodation for her chronic back pain when it refused her request to perform her duties while seated full time at the craps tables. The plaintiff, a 20-year employee of the casino, was provided the accommodation on a provisional basis for seven months. After the accommodation was rescinded, the plaintiff became permanently disabled and asserted that the casino’s insistence that she stand was the cause.
  • United States District Court, Beaumont, August 2011:  tried case to bench for national pharmacy chain in lawsuit filed by former pharmacist who alleged that the company retaliated when it terminated him two weeks after he filed a charge of discrimination with the EEOC. In February 2013, Brad successfully argued and defended the judgment before the Fifth Circuit Court of Appeals.
  • United States District Court, Houston, August 2009:  tried case to jury for interstate trucking company in Title VII gender discrimination and Equal Pay Act case involving a former truck driver who alleged that she was paid less than male drivers performing the same work and who was terminated when she drove her tractor-trailer in violation of an out-of-service order by the Texas Department of Public Safety
  • Starr County, Texas, June 2007:  tried case to jury for national retail chain and its area manager in breach of contract case involving former store manager who resigned in lieu of demotion after loss prevention investigation revealed numerous policy violations.  Plaintiff alleged that he was orally promised lifetime employment by the company’s regional vice president
  • Bexar County, Texas, January 2006:  tried case to jury for pharmacy benefits provider and its human resources manager in workers’ compensation retaliation, disability discrimination and defamation case involving former pharmacy technician who was terminated after a drug test, to which she was mistakenly asked to submit in violation of company practice, revealed amphetamine in her blood stream
  • Harris County, Texas, April 2005:  tried case to jury for interstate trucking company in workers’ compensation retaliation case involving former truck driver who had been terminated for unsafe conduct
  • United States District Court, San Antonio, February 2005:  tried case to jury for national retail hardware chain in workers' compensation retaliation and defamation case involving a former manager who had been terminated after an internal loss prevention investigation
  • United States District Court, Beaumont, August 2004:  tried case to jury for national retail hardware chain in Title VII race discrimination case involving former assistant manager who had been terminated for poor performance
  • Brazoria County, Texas, December 2002:  tried case to jury for grocery store in defamation case involving a former manager who had been terminated for failing to properly record sales at his cash register
  • United States District Court, Houston, June 2000:  tried case to jury for national rental car chain in two-plaintiff race discrimination case regarding failure to promote claims
  • Dallas County, Texas, February 1999: tried case to bench for state university in race discrimination, denial of due process and equal protection trial, culminating seven years of litigation after remand from the Texas Supreme Court
  • United States District Court, Sherman, January 1999:  tried case to jury for state university in a race discrimination case involving a tenured psychology professor alleging equal pay violations
  • Galveston County, Texas, May 1998:  tried case to bench for medical school dean and administration in constitutional due process, breach of contract and promissory estoppel case involving claims alleged by medical student who failed her clinical assessments and was denied her degree
  • Anderson County, Texas, November 1997:  tried case to jury for prison warden in FLSA retaliation case

Additionally, Brad helps employers develop practices and programs to maintain and protect confidential information and trade secrets. He also advises clients on leave issues in connection with the Family and Medical Leave Act, advises clients with respect to plant closings and mass lay-offs under the Worker Adjustment Retraining and Notification Act, and advises clients on privacy issues with respect to background checks under the Fair Credit Reporting Act and best practices for protection of employees’ personal identifying information and prevention of security breaches.

Brad likes to spend as much time as possible outdoors, and summited Mt. Rainier in July 1997 and Mt. Kilimanjaro in December 2007. He also finished the Houston and New York City Marathons in January and November 2008, respectively.

Professional & Community Affiliations

Chair

City of Houston Civil Service Commission

2012-2015

Commissioner

Labor and Employment Law Exam Commission

Texas Board of Legal Specialization

2014-2017

Commissioner

Labor and Employment Law Advisory Commission

Texas Board of Legal Specialization

2011-2014

Vice-President, Board of Directors

Literacy Advance of Houston

2014-2015

President, Board of Directors

Literacy Advance of Houston

2016

Fellow

Texas Bar Foundation

Member

State Bar of Texas

Member

Washington State Bar Association

Member

Houston Bar Association

Recognition

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Named, Super Lawyer

Texas Monthly

2012-2018

Named, Rising Star

Texas Monthly

2004-2006

News, Analysis & Press

Use of Camera Phones Becomes a Workplace Issue

Houston Business Journal

April 2004

Speaking Engagements

The 2012 Houston Employer Conference

Houston, TXDallas, TX

August 2, 2012

Texas, Our Texas: The Latest Employment Law Developments in the Lone Star State

The 2012 Houston Employer Conference

Littler Mendelson, Houston, TX

August 2, 2012

Sex Offenders, Terrorists, and Video Resumes: How Far Can You Go to Get Information on Prospective and Current Employees

The 2008 Executive Employer® Conference

Littler Mendelson, Phoenix, AZ

April 2008

Electronic Evidence: With a Key Stroke the Evidence Disappears…as Does Your Case

National Employer - Littler Mendelson, Phoenix, AZ

April 2006

Prosecution and Defense of Employment Cases at Trial

State Bar of Texas, Houston, TX

November 2004

Guest Appearance on Topic of Employment Law

Texas Overnight, KRLD 1080 AM Dallas

December 1996

Education

  • J.D., Baylor University School of Law, 1992
  • B.A., University of Texas, Austin, 1989

Bar Admission

Texas
Washington

Courts

  • U.S. Court of Appeals, 5th Circuit
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas