People: Gerald L. Pauling, II, Partner

Photo of Gerald L. Pauling, II, Partner

Gerald L. Pauling, II

Partner

Chicago
Direct: (312) 460-5561
Fax: (312) 460-7561
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Mr. Pauling is a partner whose practice focuses on employment litigation and labor and employee relations.  He has represented employers in a wide variety of state and federal employment matters, including complex discrimination litigation and class actions, employment contracts, harassment claims, and claims brought under Title VII, the ADEA, the ADA, and various other state and federal statutes.  He also provides advice, training and counseling to clients regarding employment policies and practices and diversity issues.  Mr. Pauling leads the Chicago Office Labor and Employment Group, and Co-Chairs the firm’s National Diversity Action Team.

Mr. Pauling is an “Illinois Super Lawyer” and a “Leading Lawyer” in the area of Labor & Employment.  He was selected in 2011 as a Chicago United Business Leader of Color.  In 2010, Diversity MBA Magazine recognized him as one of the “Top 100 Diverse Executive & Emerging Leaders Under 50.”  Mr. Pauling also has been featured in “Diversity & The Bar” magazine as a “Cutting Edge Labor and Employment Practitioner.”  And, in 2006, he was selected by Law Bulletin Publishing Company as one of Illinois “40 Under Forty to Watch.”

Mr. Pauling’s legal experience includes a clerkship at the City of Chicago Law Department and an externship with the Honorable Terry J. Hatter, Jr., federal judge of the United States District Court for the Central District of California in Los Angeles.  He also serves as Employer Vice Chair for the ABA’s CLE National Programs Committee.

Mr. Pauling is a partner whose practice focuses on employment litigation and labor and employee relations.  He has represented employers in a wide variety of state and federal employment matters, including complex discrimination litigation and class actions, employment contracts, harassment claims, and claims brought under Title VII, the ADEA, the ADA, and various other state and federal statutes.  He also provides advice, training and counseling to clients regarding employment policies and practices and diversity issues.  Mr. Pauling leads the Chicago Office Labor and Employment Group, and Co-Chairs the firm’s National Diversity Action Team.

Mr. Pauling is an “Illinois Super Lawyer” and a “Leading Lawyer” in the area of Labor & Employment.  He was selected in 2011 as a Chicago United Business Leader of Color.  In 2010, Diversity MBA Magazine recognized him as one of the “Top 100 Diverse Executive & Emerging Leaders Under 50.”  Mr. Pauling also has been featured in “Diversity & The Bar” magazine as a “Cutting Edge Labor and Employment Practitioner.”  And, in 2006, he was selected by Law Bulletin Publishing Company as one of Illinois “40 Under Forty to Watch.”

Mr. Pauling’s legal experience includes a clerkship at the City of Chicago Law Department and an externship with the Honorable Terry J. Hatter, Jr., federal judge of the United States District Court for the Central District of California in Los Angeles.  He also serves as Employer Vice Chair for the ABA’s CLE National Programs Committee.

Education

  • J.D., University of California, Los Angeles, School of Law (1992)
    Winner, UCLA Moot Court Competition (1990-91)
    UCLA National Team, National Moot Court Tournament (1991-92)
    UCLA Moot Court Executive Board of Justices (1991-92)
    National Black Law Journal, Business Managing Editor (1990-91)

Admissions

  • Illinois

Courts

  • U.S. Court of Appeals for the District of Columbia, Sixth, Seventh, and Eleventh Circuits
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Michigan

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.

Representative Engagements

Employment litigation matters:

  • Abumheimid v. LSG Sky Chefs(lead attorney in 12-plaintiff race/national origin/religious discrimination and harassment action (federal)—achieved summary judgment as to all plaintiffs’ termination claims; reached favorable settlement of plaintiffs’ harassment claims)
  • Bacon v. Greyhound  (defense summary judgment disposing of federal disability discrimination claims)
  • Betts et al. v. Costco(lead attorney in 6-plaintiff race discrimination action obtained defense verdicts as to 3 plaintiffs after five-week jury trial; then obtained reversal on appeal of jury awards made to remaining 3 plaintiffs)
  • Blakely v. Lucent(voluntary dismissal, after plaintiff’s deposition, of federal race and ERISA discrimination claims)
  • Brogan v. Lucent  (defense verdict in three-day federal jury trial involving breach of employment contract claims)
  • Cottrell v. Costco (defense verdict in five-day federal jury trial involving sexual harassment and retaliation claims)
  • Griffin et al. v. Deere & Co.(lead attorney in sex discrimination and harassment class action—reached favorable settlement of claims against corporate defendant  prior to class certification)
  • Harris v. Sodexho(dismissal with prejudice of federal disability discrimination claims)
  • Jefferson v. United(defense summary judgment disposing of federal race discrimination and harassment claims)
  • Johnson  et al. v. Astra Merck(co-defense counsel in federal race and sex discrimination class action—successfully opposed motion for class certification and reached favorable settlement on behalf of corporate defendant)
  • Johnson, et al. v. Snapple Beverage Corp., No. 09–CV-03417 (U.S. District Court / Northern District of Illinois) (lead defense counsel in several-plaintiff Section 1981 action alleging race harassment—reached favorable settlement as to all plaintiffs’ claims following declaration campaign).
  • Jones, et al. v. National Council of Young Men’s Christian Associations of the United States of America, et. al., No. 09-CV-06437 (U.S. District Court / Northern District of Illinois (lead defense counsel in race discrimination class action under Section 1981, Title VII, and Illinois Human Rights Act).
  • Jones v. Gannett(defense summary judgment disposing of federal retaliation and harassment claims)
  • Maier v. Lucent  (favorable jury award in five-day federal jury trial of breach of employment contract claims)
  • Murray, et al. v. Snapple Beverage Corp., No. 09-CV-07803 (U.S. District Court / Northern District of Illinois) (lead defense counsel in eight-plaintiff Section 1981 action alleging race harassment, discrimination, and retaliation)
  • Murphy v. Royal Crown (dismissal of federal race discrimination claims)
  • Nettles et al. v. LSG Sky Chefs et al.(lead attorney in federal district court federal race discrimination “pattern and practice” action brought by Company’s highest ranking African-American executive—achieved summary judgment in favor of corporate defendant)
  • Rodgers v. Greyhound  (defense verdict in one-day federal bench trial involving race discrimination claims)
  • Spencer v. AT&T  (defense summary judgment disposing of federal age, sex and race discrimination claims)

Labor relations matters:

  • Allied Waste Industries d/b/a American Disposal Services(company victory (union withdrew petition) in representation proceeding involving Teamsters union)
  • Allied Waste Industries d/b/a BFI-Quincy(company victory in representation election involving Operating Engineers union)
  • Allied Waste Industries d/b/a Central Waste Services(chief negotiator for contract negotiations with Teamsters union)
  • Jackson Park Hospital(negotiator for contract negotiations with Teamsters union)
  • Jay Foods(company victories in representation elections involving Teamster union)
  • Kiewit Materials Co. d/b/a Black Butte Coal(company victory in representation election involving Boilermakers union)
  • Kiewit Materials Co. d/b/a Black Butte Coal(company victory in representation election involving Steelworkers union)
  • Kiewit Materials Co. d/b/a Fort Calhoun Stone(company victory in representation election involving Operating Engineers union)
  • Kiewit Materials Co. d/b/a Walnut Creek Mining (company victory (union withdrew petition) in representation proceeding involving International Brotherhood of Electrical Workers)
  • Mercy Hospital and Medical Center(chief negotiator for contract negotiations with Teamsters union)
  • Teamsters/Bloxton v. Mercy Hospital(arbitration award upholding discharge of a long-term union employee)
  • Teamsters/Harding v. Mercy Hospital(arbitration award upholding discharge of long-term union employee)
  • Teamsters/Malecki v. Jackson Park Hospital(arbitration award upholding discharge of long-term union employee)
  • The University of Chicago Medical Center (successfully defended against efforts by Illinois Nurses Association to expand the bargaining unit; organizational campaign by Illinois Nurses Association; provide strategic advice and counsel regarding corporate campaign by rival union)
  • Unite/Fernandez v. C-Line Products (arbitration award for Employer in contract interpretation case)

Presentations

  • Moderator, Black Women Lawyers Association (BWLA), “Employee Issues from Hell” (2012)
  • Presenter, National Association of African Americans in Human Resources (NAAAHR), “Employment Law Trends” (2012)
  • Instructor, Defense Research Institute, “Caregiver/Family Responsibilities Discrimination” (2008)
  • Presenter, American Bar Association Developing Labor Law Committee Mid-Winter Meeting, “Allied Mechanical Services, Inc:  If Multiple Unions Merge Without an Employee Vote, Should the Successor Union Succeed to the Bargaining Rights of Its Predecessors?” (2005)
  • Instructor, Illinois Institute for Continuing Legal Education, “Workplace Investigations” (2004)
  • Presenter, American Bar Association Annual Meeting, “How Clean A Slate? The Ups and Downs, Ins and Outs, Truths and Myths of Resolving Ancillary Issues to a Labor Dispute” (2004)
  • Presenter, American Bar Association Developing Labor Law Committee Mid-Winter Meeting “The Implications of Crown Cork & Seal Co. For Employee Involvement Committees” (2002)

Publications

  • Co-Author, “Paradigm Shifts: Changes In The Structure And Diversity Of Corporate Law Firms,” The Metropolitan Corporate Counsel, Inc. (2005)
  • Co-Author, “Allied Mechanical Services, Inc:  If Multiple Unions Merge Without an Employee Vote, Should the Successor Union Succeed to the Bargaining Rights of Its Predecessors?” American Bar Association (2005)
  • Co-Author, “Leadership Buy-in and a Business Case -  The Building Blocks for Diversity in Big Firms,” Corporate Counsel (2004)
  • Co-Author, “How Clean A Slate? The Ups and Downs, Ins and Outs, Truths and Myths of Resolving Ancillary Issues to a Labor Dispute,” American Bar Association (2004)
  • Co-Author, “The Implications of Crown Co.:  What Constitutes ‘Dealing With’ Under the NLRA Since Electromation Inc.?” The Labor Lawyer (ABA Publication) (2002) 

Accolades

  • Selected by Chicago United as a Chicago Business Leader or Color, 2011.
  • Recognized as one of the Top 100 Diverse Executive & Emerging Leaders Under 50 by Diversity MBA Magazine, 2010.
  • Recognized by Diversity & The Bar Magazine as a “Cutting Edge Labor and Employment Practitioner”, 2007.”
  • Named one of “40 Illinois Attorneys Under Forty to Watch” by Law Bulletin Publishing Company, 2006.
  • Selected as an “Illinois Super Lawyer” and a “Leading Lawyer” in the area of Labor & Employment.