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Megan J. Backer Kelley
Associate
Practice Areas
Labor & Employment, Product Liability/Mass Tort
Education: University of Minnesota Law School
Degree: JD
Year: 2006
Honors: cum laude
Key Practice Experience
- Discrimination and retaliation claims
- Disability and FMLA issues
- Sexual harassment claims
- Wage and hour issues
- Employment and separation agreements
- Employment handbooks and policies
- Product liability litigation
- Social media investigations
Key Industry Experience
- Hospitality
- Retail
- Recreational products
- Manufacturing
Representative Cases/Transactions
- Mayer v. Rochester Fitness, Inc. et al. (Olmsted County District Court): Obtained defense verdict in jury trial involving personal injury claims.
- Martinez v. Target Corporation (United States District Court, District of Minnesota): Defended Target against claims of disability and sex discrimination and violations of the FMLA. This matter is still in litigation.
- Brodman v. Univita Health, Inc. et al. (United States District Court, District of Minnesota): Successfully defended litigation alleging FMLA violations and negotiated a settlement in which indemnification by co-defendant exceeded exposure to our client.
- EEOC (Atlanta Office) v. X Corporation (ADEA Directed Investigation): Defended Fortune 50 employer against a nationwide Directed Investigation alleging age discrimination in hiring. This matter is still in confidential proceedings.
- Celso Alvarado v. Stock Roofing Company et al. (Hennepin County District Court): Successfully defended litigation alleging class violations of Minnesota wage and hour statutes, including Payment of Wages Act and Prevailing Wage Act, as well as various discrimination claims, resulting in a favorable resolution for our client.
- Frieler v. Carlson Marketing Co., Inc. (Minnesota Supreme Court): Successfully represented Minnesota Chamber of Commerce as an amicus in landmark litigation regarding amendments to the Minnesota Human Rights Act. The Supreme Court accepted our interpretation of the MHRA amendments and rejected the plaintiff’s theory that the MHRA imposes a strict liability prohibition against sexual harassment.
- Obtained no-probable-cause findings and dismissals of various administrative charges filed at the MDHR and EEOC alleging claims of age, race, disability, and sex discrimination on behalf of a number of clients.
- Provided preventative advice to clients on a wide range of human resources issues, including disciplinary actions, terminations, reductions in force, disability accommodations, investigating harassment complaints, wage and hour issues, and employee leaves.
Professional Recognitions/Honors
- Law Clerk for the Honorable Bruce D. Willis, Minnesota Court of Appeals
- Steven M. Block Prize for Scholarship in Civil Rights and Civil Liberties
Selected Publications/Presentations
- “Nailing the Prevailing Wage,” Article, The Federal Lawyer (September 2011) (co-authored with Jacqueline Mrachek)
- “Recordkeeping and Posting Requirements,” Chapter in Wage and Hour Handbook, Minnesota CLE (May 2011) (co-authored with Joseph G. Schmitt)
- Speaker, “Caregiver Discrimination Under the MHRA and Title VII,” Minnesota State Bar Association CLE (April 2011) (with Chris Jozwiak)
- “Technology Changing the Litigation Game,” Article, Legal Tech Newsletter (April 2009) (co-authored with Cynthia P. Arends)
- “Dealing with a Chronically Absent Employee,” Article, JobDig HR & Management E-newsletter (April 2008)
- “Limiting Liability for Sexual Harassment: New Guidance from the Eighth Circuit”, Article, Minnesota Defense (Fall 2007) (co-authored with Joseph G. Schmitt)
- “Giving Lawrence Its Due: How the Eleventh Circuit Underestimated the Due Process Implications of Lawrence v. Texas in Lofton v. Secretary of the Department of Children & Family Services”, Comment, Minnesota Law Review (Feb. 2006)
Professional Associations
- Defense Research Institute
- Minnesota Women Lawyers
- Minnesota Defense Lawyers Association
- Minnesota State Bar Association
- Global Alliance of Hospitality Attorneys
Bar Admissions
- Minnesota State Courts
- U.S. District Court for the District of Minnesota
Other Education
- BA in communication studies and biology, Gustavus Adolphus College, cum laude
Contact Information
Megan J. Backer Kelley
Phone 612.305.7578
Assistant Contact
Mari Johnson
Phone 612.305.7592
