People: Michael D. Fleischer, Associate

Photo of Michael D. Fleischer, Associate

Michael D. Fleischer

Associate

Boston
Direct: (617) 946-8325
0

Michael Fleischer is a senior associate in the Labor & Employment Department of Seyfarth Shaw’s Boston office. Mr. Fleischer, a member of the firm’s Complex Discrimination Litigation Practice Group, and the firm’s ADA Title III Specialty Practice Team, defends employers throughout the country in multi-plaintiff and class actions, single-plaintiff litigation, and provides preventative counseling on a range of employment issues. Mr. Fleischer has represented employers in a variety of industries including retail, financial services, technology, healthcare, hospitality, manufacturing, staffing, and professional services.

As a member of the firm’s Complex Discrimination Litigation team, Mr. Fleischer focuses a significant share of his practice defending employers in high-profile systemic cases, including EEOC representative and pattern-or-practice cases, and has successfully litigated claims involving race, sex, national origin, age, and disability discrimination, sexual harassment, and retaliation. Mr. Fleischer’s experience spans the entire spectrum of litigation, including pretrial investigation, settlement negotiation, fact and expert discovery, trial, and post-trial appeals.  Mr. Fleischer also has a detailed understanding of eDiscovery issues and has developed innovative strategies to assist clients during pre-trial investigation and fact discovery.

Mr. Fleischer has also successfully defended numerous retailers, hotels, restaurants, and technology companies against disability access claims brought under Title III of the ADA and various state non-discrimination and public accommodation statutes.  Mr. Fleischer has counseled clients on issues ranging from architectural barriers to cutting edge digital accessibility- including accessible websites and mobile applications. Mr. Fleischer’s experience spans from handling complex and contentious litigation to those resulting in simple settlements, and has successfully resolved matters with both private plaintiffs and nation-wide advocacy groups. Mr. Fleischer is also a contributor to Seyfarth’s ADA Title III News & Insights Blog, and presents on accessibility issues.

Mr. Fleischer also has successfully obtained dismissals and summary judgment rulings before state and federal courts, and state and federal administrative agencies, in cases involving single-plaintiff discrimination, harassment, and retaliation (under Title VII, the ADEA, the ADA, the FMLA, USERRA, and related state laws, including M.G.L. 151B).

Mr. Fleischer also counsels employers and provides company trainings on a wide variety of employment matters, including disability accommodation, family and medical leave, workplace investigations, wage and hour compliance, performance assessment and discipline, terminations, and reductions-in-force.  Mr. Fleischer also assists clients to draft employment contracts and employee handbooks.

Mr. Fleischer is actively involved in the firm’s Pro Bono program and works with several non-profit organizations, including the Victim Rights Law Center (where he has successfully secured several harassment prevention orders on behalf of victims of sexual assault), the Special Education Surrogate Parent Program (where he advocates and serves as an educational guardian for students with disabilities), and is on the Board of Directors of Massachusetts Advocates for Children.

Michael Fleischer is a senior associate in the Labor & Employment Department of Seyfarth Shaw’s Boston office. Mr. Fleischer, a member of the firm’s Complex Discrimination Litigation Practice Group, and the firm’s ADA Title III Specialty Practice Team, defends employers throughout the country in multi-plaintiff and class actions, single-plaintiff litigation, and provides preventative counseling on a range of employment issues. Mr. Fleischer has represented employers in a variety of industries including retail, financial services, technology, healthcare, hospitality, manufacturing, staffing, and professional services.

As a member of the firm’s Complex Discrimination Litigation team, Mr. Fleischer focuses a significant share of his practice defending employers in high-profile systemic cases, including EEOC representative and pattern-or-practice cases, and has successfully litigated claims involving race, sex, national origin, age, and disability discrimination, sexual harassment, and retaliation. Mr. Fleischer’s experience spans the entire spectrum of litigation, including pretrial investigation, settlement negotiation, fact and expert discovery, trial, and post-trial appeals.  Mr. Fleischer also has a detailed understanding of eDiscovery issues and has developed innovative strategies to assist clients during pre-trial investigation and fact discovery.

Mr. Fleischer has also successfully defended numerous retailers, hotels, restaurants, and technology companies against disability access claims brought under Title III of the ADA and various state non-discrimination and public accommodation statutes.  Mr. Fleischer has counseled clients on issues ranging from architectural barriers to cutting edge digital accessibility- including accessible websites and mobile applications. Mr. Fleischer’s experience spans from handling complex and contentious litigation to those resulting in simple settlements, and has successfully resolved matters with both private plaintiffs and nation-wide advocacy groups. Mr. Fleischer is also a contributor to Seyfarth’s ADA Title III News & Insights Blog, and presents on accessibility issues.

Mr. Fleischer also has successfully obtained dismissals and summary judgment rulings before state and federal courts, and state and federal administrative agencies, in cases involving single-plaintiff discrimination, harassment, and retaliation (under Title VII, the ADEA, the ADA, the FMLA, USERRA, and related state laws, including M.G.L. 151B).

Mr. Fleischer also counsels employers and provides company trainings on a wide variety of employment matters, including disability accommodation, family and medical leave, workplace investigations, wage and hour compliance, performance assessment and discipline, terminations, and reductions-in-force.  Mr. Fleischer also assists clients to draft employment contracts and employee handbooks.

Mr. Fleischer is actively involved in the firm’s Pro Bono program and works with several non-profit organizations, including the Victim Rights Law Center (where he has successfully secured several harassment prevention orders on behalf of victims of sexual assault), the Special Education Surrogate Parent Program (where he advocates and serves as an educational guardian for students with disabilities), and is on the Board of Directors of Massachusetts Advocates for Children.

Education

  • J.D., University of California, Hastings College of the Law, cum laude (2009)
    Supervising Editor, Hastings International and Comparative Law Review
    Hastings Moot Court Team
    Teaching Assistant, 1L Moot Court

  • B.A., University of Pennsylvania, cum laude (2003)

Admissions

  • Massachusetts

Courts

  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Connecticut

Affiliations

  • Massachusetts Advocates for Children (Board of Directors)
  • Boston Bar Association

Representative Engagements

Representative Complex Discrimination Litigation

  • Leading Restaurant Company (U.S.D.C. - D.Mass.) (successful resolution of EEOC nation-wide pattern or practice case alleging hiring discrimination based on age)
  • Leading Retail Company (U.S.D.C. - W.D.N.Y.) (successful resolution of EEOC nation-wide pattern or practice case alleging gender discrimination in administration of pay and promotions)
  • Leading Retail Company (AAA Arbitration) (U.S.D.C. - S.D.N.Y.) (class arbitration alleging claims of systemic gender discrimination in administration of pay and promotions).
  • Leading Financial Services Company (U.S.D.C. - D. Colo.) (multiple-plaintiff and EEOC case alleging systemic age, gender, and national origin discrimination, hostile work environment, and retaliation).
  • Leading Staffing Company (U.S.D.C. - N.D. Ala.) (EEOC case alleging systemic disability and national origin discrimination)
  • Leading Restaurant Company (U.S.D.C. - S.D. Fla.) (EEOC nation-wide pattern or practice case alleging hiring discrimination based on age)

Representative Disability Access Litigation- DOJ Investigations, Private Suits, and Settlements

  • Leading Technology Company (Massachusetts Commission Against Discrimination) (successful resolution of multi-plaintiff and national advocacy group litigation involving claims brought under Title III of the ADA and Massachusetts state law regarding accessibility of mobile apps)
  • Leading Healthcare Software Company (Massachusetts Superior Court) (single plaintiff litigation involving claims brought under Massachusetts anti-discrimination and equal rights statues regarding software and mobile app accessibility)
  • Leading Hotel Company (DOJ Investigation) (secured no action closure of an investigation into the ADA Title III compliance of a luxury Maine hotel)
  • Leading Hotel Company (Massachusetts Commission Against Discrimination) (dismissal of Massachusetts public accommodations claim involving access to a Boston fine dining hotel restaurant)
  • Leading Restaurant Company (U.S.D.C. - D. Mass.) (successful resolution of alleged violations of Title III of the ADA involving access to a Boston fine dining restaurant)
  • Leading Hotel Company (U.S.D.C. - D. Mass.) (successful resolution of alleged violations of Title III of the ADA involving access to a luxury Boston hotel)
  • Leading Hotel Company (U.S.D.C. - D. Mass.) (successful resolution of alleged violations of Title III of the ADA involving access to a luxury Boston hotel)
  • Leading Hotel Company (U.S.D.C. - D. Mass.) (successful resolution of alleged violations of Title III of the ADA involving access to a luxury Boston hotel)

Representative Single Plaintiff Litigation

  • Leading Laboratory Services Company (Massachusetts Superior Court) (summary judgment granted on race, color, national origin discrimination and retaliation claims.
  • Leading Retail Company (U.S.D.C. - D. Conn.) (summary judgment granted on workers’ compensation discrimination claim)
  • Leading Technology Company (Massachusetts Superior Court) (dismissal of national origin discrimination and harassment claims)
  • Leading Retail Company (Massachusetts District Court) (defense verdict on disability benefits claim)
  • Leading Telecommunications Company (U.S.D.C. - D. Mass.) (summary judgment on intentional infliction of emotional distress, negligent infliction of emotional distress, trespass, and respondeat superior claims)

Presentations

  • Co-Presenter, “ADA Title III- Effective Communication & Reasonable Modification Obligations, Enforcement & Compliance,” Client Presentation (June 2017)
  • “Employment Law Basics Course for New HR Professionals," New England Human Resources Association (2013-2017)
  • Co-Lecturer, “Wearable Technology in the Workplace- Legal Concerns,” Suffolk University Law School (January 2014)
  • “USERRA in the Workplace,” Employment Law Update Program, New England Human Resources Association (Spring 2011)

Publications

  • Quarterly Co-Author, “Employer Commentary,” Massachusetts Discrimination Law Reporter, Landlaw Legal Publishers (2010-present)
  • “Wheels For Wheelchairs: Massachusetts Mandates Accessible Ride-Sharing,” ADA Title III News & Insights Blog, Seyfarth Shaw LLP (September 7, 2016)
  • Co-Author, “What’s Good For The Goose …Court Turns Table On EEOC In Subpoena Ruling,” Workplace Class Action Blog, Seyfarth Shaw LLP (March 19, 2014)
  • “YELP!- Another Website/Mobile App Launches Allowing Individuals To Rate a Business’s Accessibility to Customers with Disabilities,”  ADA Title III News & Insights Blog, Seyfarth Shaw LLP (December 12, 2013)
  • Co-Author, “Does Your Company Do Business in Ontario? New Ontarian Website Accessibility Regulations May Apply To You,” ADA Title III News & Insights Blog, Seyfarth Shaw LLP (November 12, 2013)
  • Chapter Co-Author, “Employment Law,” ABA Annual Review of Developments in Business and Corporate Litigation (2013)
  • Co-Author, “Supreme Court Update: Christopher v. SmithKline-- Are Petitioners Signaling Concern?,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (June 14, 2012)
  • Chapter Co-Author, “Employment Law,” ABA Annual Review of Developments in Business and Corporate Litigation (2012)
  • Co-Author, “Proposed CORI Regulations Impose a Host of New Requirements on Employers Conducting Criminal Background Checks in Massachusetts,” Client Alert, Seyfarth Shaw LLP, (March 23, 2012)
  • Co-Author, “CT Commission on Human Rights and Opportunities Overhauls Its Complaint Review Process In Hopes Of Speeding Up Investigations,”  Retail Detail, Seyfarth Shaw LLP (August 23, 2011)
  • “Petition for Supreme Court Review Filed In Pharmaceutical Sales Rep Case,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (August 18, 2011)
  • Co-Author, “Restaurant Groups Claim New Tip Credit Regulations Are Half-Baked,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (August 18, 2011)
  • “ In Sickness and In Health: Connecticut Becomes the First State to Mandate Paid Sick Leave for Service Workers,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (June 20, 2011)
  • Co-Author, “Seventh Circuit Applies Narrowing of Employer’s Potential Statue of Limitations Defense to Disparate Impact Claims,” Workplace Class Action Blog, Seyfarth Shaw LLP (May 17, 2011)
  • Co-Author, “Second Circuit Holds That Denial Of Motion To Amend Class Certification Order Does Not Constitute An Order For Purposes of Interlocutory Appeal of Class Certification Under Rule 23(f),” Workplace Class Action Blog, Seyfarth Shaw LLP (May 6, 2011)
  • Co-Author, “From the War on Terror to the Workplace: Ensuring Successful Transitions for Our Citizen-Soldiers Under USERRA,” NEHRA Insights Magazine (April 21, 2011)
  • Co-Author, “Use of Settlement Offers In a Class Action/Collective Action as a Rule 68 Offer to Moot Employees’ Claims,” Workplace Class Action Blog, Seyfarth Shaw LLP (February 21, 2011)
  • Co-Author, “An Eye on the U.S. Jobs Bill,” Employment Law 360 (March 5, 2010)