People: Condon A. McGlothlen, Partner

Photo of Condon A. McGlothlen, Partner

Condon A. McGlothlen

Partner

Chicago
Direct: (312) 460-5975
Fax: (312) 460-7975
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Mr. 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.

Mr. McGlothlen’s other area of subject matter concentration is the Americans With Disabilities Act.  In 1989, he joined a handful of other attorneys to form the Firm’s then “ADA Task Force” (even before Congress enacted the law).  Shortly thereafter, that group submitted proposed regulations to EEOC, some of which were accepted; others that were rejected, however, went on to become the law of the land under landmark U.S. Supreme Court cases like Sutton v. United Airlines (1999), Toyota Motor Mfg. v. Williams (2002), and U.S. Airways v. Barnett (2002).  When Congress decided to amend the ADA by reversing some of those decisions, Mr. McGlothlen worked with the U.S. Chamber of Commerce to help ensure that the ADA Amendments Act remained largely true to the original ADA.  And, when EEOC proposed regulations to interpret the amended ADA in 2009, Mr. McGlothlen again worked with the U.S. Chamber, together with Society for Human Resource Management, to see that management’s viewpoint was considered (and in some instances incorporated) in the final ADAAA regulations.  Throughout this time, Mr. McGlothlen has advised hundreds of employers on ADA compliance, has successfully tried ADA cases and argued several before the U.S. Courts of Appeal.  Having also taught and published widely on disability law subjects, his command of this area is second to none. 

Since 2005, Mr. McGlothlen has been selected as an Illinois Super Lawyer, one of 5% of Illinois attorneys to receive this honor.  Mr. McGlothlen is also AV Peer Review Rated by Lexis/Nexis Martindale-Hubbell—the highest possible rating for both ethical standards and legal ability.

Mr. 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.

Mr. McGlothlen’s other area of subject matter concentration is the Americans With Disabilities Act.  In 1989, he joined a handful of other attorneys to form the Firm’s then “ADA Task Force” (even before Congress enacted the law).  Shortly thereafter, that group submitted proposed regulations to EEOC, some of which were accepted; others that were rejected, however, went on to become the law of the land under landmark U.S. Supreme Court cases like Sutton v. United Airlines (1999), Toyota Motor Mfg. v. Williams (2002), and U.S. Airways v. Barnett (2002).  When Congress decided to amend the ADA by reversing some of those decisions, Mr. McGlothlen worked with the U.S. Chamber of Commerce to help ensure that the ADA Amendments Act remained largely true to the original ADA.  And, when EEOC proposed regulations to interpret the amended ADA in 2009, Mr. McGlothlen again worked with the U.S. Chamber, together with Society for Human Resource Management, to see that management’s viewpoint was considered (and in some instances incorporated) in the final ADAAA regulations.  Throughout this time, Mr. McGlothlen has advised hundreds of employers on ADA compliance, has successfully tried ADA cases and argued several before the U.S. Courts of Appeal.  Having also taught and published widely on disability law subjects, his command of this area is second to none. 

Since 2005, Mr. McGlothlen has been selected as an Illinois Super Lawyer, one of 5% of Illinois attorneys to receive this honor.  Mr. McGlothlen is also AV Peer Review Rated by Lexis/Nexis Martindale-Hubbell—the highest possible rating for both ethical standards and legal ability.

Education

  • J.D., University of Wisconsin Law School (1987)
    with honors
  • B.A., University of Kentucky (1984)

    magna cum laude

Admissions

  • Wisconsin
  • Illinois

Courts

  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Southern District of Iowa
  • U.S. District Court for the Middle District of Tennessee

Affiliations

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

Representative Engagements

  • Barber v. Gary Post-Tribune, 2:95CV 357JM (N.D. Ind. 1997) (summary judgment for employer granted in Title VII terms and conditions case).
  • Britton v. Aldi, Inc., (C.D. Ill. 1997) (summary judgment granted for employer under 42 U.S.C. § 1981).
  • Brown, et al. v. Amoco Oil Company, H91-0199 (N.D. Ind. 1993) (partial summary judgment granted for employer in multi-plaintiff Title VII action alleging failures to promote and harassment).
  • EEOC v. Andrew Corporation, 81 C 4359 (N.D. Ill. 1989) (successful bench trial involving alleged pattern and practice of race discrimination in recruitment and hiring).
  • EEOC v. Chicago Title and Trust Co., 98 C 6110 (N.D. Ill. 1998) (alleging failure to accommodate under ADA).
  • EEOC v. The Dial Corporation, 99 C 3356 (N.D. Ill.) (alleging pattern and practice of tolerating sexual harassment).
  • EEOC v. Heil-Quaker Corp., 1-88-0439 (M.D. Tenn. 1989) (directed ruling for employer in Title VII religious accommodation case).
  • Hudson v. Allstate Insurance Co., 95-3636 (7th Cir. 1996) (affirming summary judgment for employer on breach of contract claim).
  • Johnson v. Witco Corp., 94-1562 (C.D. Ill. 1997) (summary judgment granted for employer under ADEA).
  • Kaniff v. Allstate Insurance Co., 96-1626 (7th Cir. 1997) (affirming summary judgment for employer on ADEA and breach of contract claims).
  • Kling v. Union Camp Corp., LR-C-95-779 (E.D. Ark. 1996) (jury verdict for employer under ADA).
  • Krauel v. Iowa Methodist Medical Center, 95 F.3d 674 (8th Cir. 1996) (affirming summary judgment for employer under ADA and Title VII; holding that infertility is not a disability under ADA).
  • Mahaffey, et al. v. Amoco Corporation, 93 C 4587 (N.D. Ill.) (collective action involving release, ratification and counterclaim issues under ADEA and ERISA).
  • NLRB v. United States Can Company, 99-2828 and 99-3049 (7th Cir. 2001) (backpay and pension benefits award successfully reduced by offsetting interim pension and supplemented unemployment payments).
  • Schultz, et al. v. The Quaker Oats Company, et al., 97 C 6735 (N.D. Ill. 1999) (summary judgment granted in ERISA class action involving Section 510 and fiduciary breach claims, among others).
  • Ward v. Knight Ridder, Inc., 97-4048 (7th Cir. 1997) (affirming summary judgment for employer on Title VII reverse race and sex discrimination claims).
  • Zorba v. Bankers Life & Casualty Co., 95 C7728 (N.D. Ill. 1997) (jury verdict for employer in Title VII national origin discrimination case).

Presentations

  • “Life Under the ADA Amendments Act of 2008,” CBA Labor & Employment Seminar, Chicago, IL (September 20, 2012)

Publications

The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and no certificate, award or recognition is a requirement to practice law in Illinois.