Jamie A. LaPlante, Of Counsel

Jamie A. LaPlante
Direct
T 614.229.3249
F 614.221.0479
Columbus Office
T 614.221.3155
F 614.221.0479

Jamie is experienced in all aspects of management-side employment and labor law at the state and federal levels. She defends employers in a variety of litigation matters under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and other state and federal laws and regulations, as well as breach of contract, whistleblower claims, workers’ compensation retaliation, and public policy violations. Jamie also represents employers in charges filed with the Equal Employment Opportunity Commission (EEOC), the Ohio Civil Rights Commission (OCRC), other state fair employment agencies, the Occupational Safety and Health Administration (OSHA), the Department of Transportation, and the National Labor Relations Board (NLRB), as well as appeals of unemployment compensation determinations. Additionally, Jamie frequently advises clients on employment law compliance, including leave administration, discipline and termination, performance management, wage and hour compliance, harassment, discrimination, retaliation, drug testing, and handbooks and conducts employee and manager training.

She also represents employers in all stages of compliance with affirmative action obligations, including assisting with and preparing affirmative action plans; offering advice during audits by the Office of Federal Contract Compliance Programs (OFCCP); and negotiating conciliation agreements with the OFCCP. She represents clients in public accommodation cases, including class action litigation, under Title II and III of the ADA and Section 508 of the Rehabilitation Act, including matters involving allegations of inaccessible physical facilities, as well as websites, apps, and other online resources. Jamie's practice also covers a broad array of ERISA health, life, disability, and pension benefit claims, challenges to benefit denials, and exclusions from coverage.

She is a frequent speaker to groups, organizations, and clients on labor and employment issues, management training, and website accessibility.

Noteworthy Experience

  • Obtained a defense verdict as second-chair trial counsel after a five-day bench trial of a workers’ compensation retaliation claim and successfully defended a challenge of the verdict on appeal. Thevenin v. White Castle Mgmt. Co., 2018-Ohio-2694, 2018 Ohio App. LEXIS 2913 (10th Dist. July 10, 2018).
  • Served as amicus counsel for the Ohio Credit Union League (OCUL) and the Credit Union National Association (CUNA) in website accessibility litigation in federal court in Ohio and was instrumental in obtaining favorable case law that credit unions may not be sued if the plaintiff is not within the field of membership. Mitchell v. BMI Fed. Credit Union, No. 2:18-cv-137, 2019 U.S. Dist. LEXIS 43339 (S.D. Ohio Mar. 18, 2019); Mitchell v. Dover-Phila Fed. Credit Union, No. 5:18-cv-102, 2018 U.S. Dist. LEXIS 105798 (N.D. Ohio June 25, 2018).
  • Successfully defended as second-chair counsel motions for a preliminary injunction and a temporary restraining order by a faculty member attempting to halt scientific misconduct proceedings and termination of tenure and enjoin federal research grants. Nuovo v. Whitacre, No. 2:10-cv-240, 2010 U.S. Dist. LEXIS 61212 (S.D. Ohio June 3, 2010).
  • Served as lead counsel and successfully opposed class certification in a public accommodations case under Title II of the ADA in which two plaintiffs attempted to sue 54 dissimilar restaurant locations in Ohio on behalf of all mobility impaired individuals in Ohio. Wagner v. White Castle Sys., Inc., 309 F.R.D. 425 (S.D. Ohio Sept. 21, 2015).
  • Obtained summary judgment against pro se plaintiff alleging race, age, and sex discrimination involving five different alleged adverse employment actions, as well as retaliation and harassment. Bass v. White Castle Sys., No. 1:09-cv-2516, 2014 U.S. Dist. LEXIS 154946 (N.D. Ohio Oct. 31, 2014).
  • Obtained summary judgment, which was affirmed on appeal, against implied contract and promissory estoppel claims based on alleged promises in a suspension notification letter and a drug testing policy. Kellhofer v. Columbus Southern Power, 2013-Ohio-4226, 2013 Ohio App. LEXIS 4427 (4th Dist. Sept. 25, 2013).
  • Obtained summary judgment, which was affirmed by the U.S. Court of Appeals for the Sixth Circuit, against defamation, negligent supervision, intentional infliction of emotional distress, and negligence claims filed by an employee against his supervisor and employer and successfully argued that some of those claims were preempted by the Railway Labor Act. Dean v. Norfolk S. Ry. Co., No. 4:13-cv-2622, 2015 U.S. Dist. LEXIS 39309 (N.D. Ohio Mar. 27, 2015).
  • Obtained dismissal in a hybrid action filed under Section 301 of the Labor Management Relations Act (LMRA) involving a bargaining unit employee who was terminated. Schneider v. Teamsters Local 407, No. 1:09-cv-1749, 2010 U.S. Dist. LEXIS 52613 (N.D. Ohio May 10, 2010).
  • Obtained favorable resolutions of OSHA citations, including matters involving employee serious injuries and fatalities.

Publications & Speaking Engagements

  • “Gone are the days of ‘maternity’ and ‘paternity’ leave,” HR Daily Advisor, Nov. 20, 2018
  • Walters Kluwer, SmartTask, “Preparing for an OFCCP Desk Audit”
  • “The focus of the Americans with Disabilities Act turns to websites: Is your site compliant?” The Forum, Collier County Medical Society, September/October 2017
  • Ohio Employment Law Letter, BLR, Editor and frequent author, 2017-2019
  • 50 Employment Laws in 50 States, 2015-2019 Editions, Ohio Section, Editor
  • “Is Your (or Your Client’s) Website ADA Compliant? Does It Need to Be?” Ohio State Bar Association, Advanced Employment Law Seminar, May 22, 2019
  • “ADA Workshop: How to Ensure Your Company is ADA Compliant,” The Greater Naples Chamber of Commerce, July 25, 2018
  • “ADA Compliance – Websites and Public Accommodations,” Business Smarts, Bonita Springs Area of Chamber of Commerce, July 24, 2018
  • “Website Accessibility and its Impact on Credit Unions,” National Association of Federally Insured Credit Unions (NAFCU)’s Regulatory Compliance School, March 22, 2018 and October 11, 2018
  • “Website Accessibility and its Impact on Credit Unions,” Ohio Credit Union League, inVest48, April 24, 2018
  • “Shields Up: Taking Action Based on Off-Duty Conduct,” Porter Wright Employment Relations Seminar, June 2, 2017
  • “Under Surveillance: OSHA is Looking at You. And Medical Marijuana Issues are Coming Your Way Too,” Porter Wright Employment Relations Seminar, Oct. 20, 2016
  • “Lunch and Learn: How to Win the Internet,” Columbus Young Professionals Club, October 7, 2016
  • “ADA Website Compliance 101,” April 6, 2016
  • “Disability, Religious Practices and Other Accommodation Issues,” HR Academy, Ohio Chamber of Commerce, March 2016
  • “Against the Odds: Ensuring Your Employee Handbook is Keeping Stride,” HR Academy, Ohio Chamber of Commerce, July 2015
  • “Tips for Preparing Your 2015 Affirmative Action Plans,” Webinar, February 2015
  • “The Crème de la Crème in Workplace Drug-Testing,” Porter Wright Employment Relations Seminar, May 2014
  • “Crafting ‘Exit Strategies’ for Problem Employees,” Porter Wright Employment Relations Seminar, October 2012
  • “Affirmative Action 101,” “Complying with the New Disability/Veterans Regulations,” “Effectively Handling and OFCCP Audit,” Three-Part Webinar Series, 2012

Professional Recognition

  • Ohio Super Lawyers®, Employment Litigation Defense, 2014-2019
  • Ohio Super Lawyers®, Rising Stars Edition, 2012-2013
  • Ohio Women’s Bar Foundation Leadership Institute, Class of 2017-2018
  • Leadership Columbus, Class of 2013
  • Order of the Coif

Affiliations and Civic Involvement

  • Human Resources Association of Central Ohio (HRACO)
  • Ohio State Bar Association
  • Pelotonia, 4-time 100-mile rider and 2-time volunteer
  • Youth sports coach
  • Central Ohio Workforce Investment Corporation (COWIC), Business Solutions Council, past Member
  • Operation Feed, past company campaign co-chair

Education

  • The Ohio State University Michael E. Moritz College of Law (J.D., summa cum laude, Order of the Coif, 2007)
  • The Ohio State University Fisher College of Business (B.S. Business Administration, Operations Management, summa cum laude, 2003)

Bar Admissions

  • Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Northern District of Ohio
  • U.S. Court of Appeals for the Sixth Circuit