Condon McGlothlen

Mr. Condon A. McGlothlen is a partner representing employers in equal employment opportunity and other employment law matters. He has particularly extensive experience representing companies in complex employment matters, including class actions and pattern and practice cases, as well as developing and implementing advanced hiring, promotion, compensation, and separation systems. He has been recognized in Legal 500 as one of the six “Leading Lawyers” in the United States in the area of Workplace and Employment Law Counseling.

Mr. McGlothlen currently chairs the Workforce Restructuring Best Practices Team, which advises public and privately held companies on all facets of reductions and restructurings, from design to selection decisions, compliance requirements, and risk avoidance strategy generally. The Restructuring Team leverages technology and non-attorney professionals to conduct statistical analyses and prepare compliance documentation of the highest caliber under demanding, business-driven deadlines.

Mr. McGlothlen also co-chairs the Hiring, Testing, and Selection team, which oversees advice for companies who are recruiting and hiring, particularly here in the U.S. As with Restructuring Best Practices, hiring advice oftentimes requires statistical analysis and/or collaborating with statisticians or labor economists to help ensure an employer’s selection methods are valid and otherwise defensible.

Subject matter expertise in both of these areas derives from decades of litigation experience against EEOC, OFCCP, and the plaintiffs’ class action bar. Mr. McGlothlen is among the Firm’s most experienced attorneys in defending EEOC systemic/class-type cases. He has led the defense of several large pattern and practice cases, has negotiated multiple consent decrees and conciliation agreements with EEOC attorneys, and has tried cases against EEOC across the country.

Mr. McGlothlen has taken and defended numerous expert depositions, deposed lead plaintiffs in class cases and lead claimants in EEOC cases, and been the chief architect of class and collective action defense strategies in other matters. He has similar experience representing federal contractors in OFCCP matters, including at the audit/investigation stage, during conciliation, and against the Department of Labor in the event conciliation fails.

Education:

• J.D., University of Wisconsin Law School (1987)
• B.A., University of Kentucky (1984)
  • magna cum laude

Affiliations:

• Society for Human Resource Management
• American Bar Association (Labor and Employment Law section)
• Lawyers’ Committee for Civil Rights Under Law (Board member)