Overview

In 2016, Shawn Oller was named one of the Top 100 Lawyers in Arizona by AzBusiness Magazine and featured as “20 Names to Know – Law” by the Phoenix Business Journal. Shawn 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 of the Civil Rights Act
  • 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
  • Defamation
  • Wrongful termination

Some of his notable decisions in Arizona, New Mexico, and Texas include:

  • U.S. District Court, District of Arizona: obtained adverse inference in trade secret case based on destruction of evidence, leading to favorable settlement for client.
  • U.S. District Court, District of Arizona: defense verdict against the Equal Employment Opportunity Commission in trial of retaliation case under the Americans with Disabilities Act, following dismissal of disability discrimination claim on summary judgment.
  • U.S. District Court, District of New Mexico: defense verdict in trial of race discrimination and hostile work environment case under Title VII and Section 1981 where third-party witnesses testified about the allegedly hostile work environment and plaintiff’s expert witness diagnosed plaintiff with post-traumatic stress disorder.
  • District Court, El Paso, Texas: obtained dismissal with prejudice of nonsubscriber negligence claim for health-care client.
  • Superior Court of Arizona: 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: unanimous opinion reversing trial court and ordering plaintiff’s claims to arbitration pursuant to parties’ agreement.
  • U.S. District Court, District of Arizona: 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: 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: 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: dismissal of FMLA claim against trucking company because truck driver was ineligible for FMLA benefits.
  • United States Court of Appeals, Ninth Circuit: 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: 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: unanimous opinion affirming summary judgment and dismissing plaintiff's claims based on federal labor law preemption.
  • U.S. Court of Appeals, Fifth Circuit: 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: 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: unanimous opinion affirming summary judgment in race discrimination claim under Title VII.
  • U.S. District Court, District of New Mexico: obtained summary judgment on behalf of retail superstore in third-party retaliation claim under Title VII.
  • U.S. District Court, Northern District of Texas: 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: obtained summary judgment for the Diocese under the Ministerial Act exemption in highly publicized case.
  • Texas Court of Appeals: opinion affirming summary judgment for employer in a nonsubscriber negligence action under Texas law.
  • United States District Court, Western District of Texas: 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
  • Municipalities
  • Counties
  • 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.

The office managing shareholder of Littler Mendelson's Phoenix office, Shawn is a member of Littler Mendelson's Associates Committee and 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 & Community Affiliations

Member

American Bar Association

Member

State Bar of Arizona

Member

State Bar of New Mexico

Member

State Bar of Texas

Recognition

Named, The Best Lawyers in America©

2015-2017

Named, America's Leading Lawyers for Business

Chambers USA

2012-2016

Books & Book Chapters

  • The In-House Counsel's Essential Toolkit, Volume 4 - Employment Law, American Bar Association, 2007

Speaking Engagements

Arbitration Pros and Cons

2016 Annual Employment & Labor Law Fall Seminar – State Bar of Arizona

October 22, 2016

Public Sector Employment Law Update

Phoenix, AZ

July 27, 2016

Hot Topics in HR

2015 Employment Law and Legislative Conference - SHRM New Mexico, Albuquerque, NM

February 26, 2015

A Whistleblowing Whistle-Stop Tour: The Hottest Trends and Topics in Whistleblowing and Retaliation

2015 Employment Law & Legislative Conference - Arizona SHRM, Phoenix, AZ

February 25, 2015

The Conflict Between Legal Compliance and Effective Business Operations – What HR Can Do to Further Both Goals

2014 New Mexico Conference - Society for Human Resource Management, Albuquerque, New Mexico

April 7, 2014

Hot Topics in Employment and Labor Law

Phoenix, AZ

August 15, 2013

Hot Topics in Employment and Labor Law

Phoenix, AZ

August 14, 2013

Hot Topics in Employment and Labor Law

Phoenix, AZ

August 13, 2013

Work Life Balance and Making Partner

Seminar and Diversity Expo - DRI Diversity for Success, Chicago, IL

May 30-31, 2013

4th Annual Public Sector Employment Law Update

Phoenix, AZ

February 14, 2013

Controlling Employee Personal Behavior in the Age of Social Media and Personal Technology

Annual Legal Update - Conference Northern New Mexico Human Resources Association, Santa Fe, New Mexico

September 11, 2012

10 Thorny Issues

2012 New Mexico Conference, Society for Human Resource Management

March 26, 2012

2nd Annual Public Sector Employment Law Update

Phoenix, AZ

February 17, 2011

2010 Public Sector Employment Law Update

Phoenix, AZ

March 19, 2010

2010 Annual Conference

Society for Human Resource Management - New Mexico

February 8, 2010

2010 Legislative and Employment Law Conference

Arizona Society of Human Resource Management

February 5, 2010

Education

  • J.D., Baylor University School of Law, 1995
  • B.S., Northeastern University, 1992

Bar Admission

Arizona
New Mexico
Texas

Courts

  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • U.S. District Court, District of Arizona
  • U.S. District Court, District of New Mexico
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas