People: Richard P. McArdle, Partner

Richard P. McArdle

Partner

Chicago
Direct: (312) 460-5634
Fax: (312) 460-7634
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Biography

Richard P. McArdle is a partner with Seyfarth Shaw LLP, the leading national employment and labor law firm.  Mr. McArdle is a member of Labor and Employment Department in Chicago where he represents employers throughout the country in the entire range of employment law matters.

Mr. McArdle’s primary focus is defending employers in class and complex employment litigation cases.  Mr. McArdle won a class action wrongful discharge, conspiracy and tortious interference case under Ohio and California law when the court granted his motion to dismiss, thus saving his client hundreds of thousands of dollars in legal fees and damages.  Mr. McArdle also has represented employers in class action and multi-plaintiff WARN Act claims, as well as claims involving discrimination on the basis of disability, age, sex, sexual harassment, race, national origin, family / medical leave and other protected classifications. In addition, Mr. McArdle has counseled employers on mass layoffs, plant closings, sexual harassment investigations, restrictive covenants (non-compete agreements), employment contracts, drug and alcohol testing, and wage and hour compliance under the Fair Labor Standards Act.  This work has included representing Fortune 500 companies, as well as medium and small sized employers, both foreign and domestic.  He represents employers in both federal and state trial and appellate courts, and before federal and state government agencies such as the EEOC and the U.S. Department of Labor.

Mr. McArdle recently co-authored a chapter on Employment Contracts in the Illinois Institute of Continuing Legal Education’s publication: Conducting the Employment Practices Audit, and previously served as a contributing editor for the Bureau of National Affairs’ publication, Employment Discrimination Law, 4th ed.  Mr. McArdle co-authored an article for the American Bar Association’s annual newsletter for the Equal Employment Opportunity Committee.  Mr. McArdle lectures regularly on employment discrimination and litigation prevention to employment groups, CEOs and Human Resource representatives.  By invitation from the Canadian Consulate’s office in the U.S., Mr. McArdle spoke to a group of Canadian employers doing business in the U.S. concerning employment and labor laws and responding to inquiries from the various government agencies that enforce such laws.

Richard P. McArdle is a partner with Seyfarth Shaw LLP, the leading national employment and labor law firm.  Mr. McArdle is a member of Labor and Employment Department in Chicago where he represents employers throughout the country in the entire range of employment law matters.

Mr. McArdle’s primary focus is defending employers in class and complex employment litigation cases.  Mr. McArdle won a class action wrongful discharge, conspiracy and tortious interference case under Ohio and California law when the court granted his motion to dismiss, thus saving his client hundreds of thousands of dollars in legal fees and damages.  Mr. McArdle also has represented employers in class action and multi-plaintiff WARN Act claims, as well as claims involving discrimination on the basis of disability, age, sex, sexual harassment, race, national origin, family / medical leave and other protected classifications. In addition, Mr. McArdle has counseled employers on mass layoffs, plant closings, sexual harassment investigations, restrictive covenants (non-compete agreements), employment contracts, drug and alcohol testing, and wage and hour compliance under the Fair Labor Standards Act.  This work has included representing Fortune 500 companies, as well as medium and small sized employers, both foreign and domestic.  He represents employers in both federal and state trial and appellate courts, and before federal and state government agencies such as the EEOC and the U.S. Department of Labor.

Mr. McArdle recently co-authored a chapter on Employment Contracts in the Illinois Institute of Continuing Legal Education’s publication: Conducting the Employment Practices Audit, and previously served as a contributing editor for the Bureau of National Affairs’ publication, Employment Discrimination Law, 4th ed.  Mr. McArdle co-authored an article for the American Bar Association’s annual newsletter for the Equal Employment Opportunity Committee.  Mr. McArdle lectures regularly on employment discrimination and litigation prevention to employment groups, CEOs and Human Resource representatives.  By invitation from the Canadian Consulate’s office in the U.S., Mr. McArdle spoke to a group of Canadian employers doing business in the U.S. concerning employment and labor laws and responding to inquiries from the various government agencies that enforce such laws.

Education

  • J.D., Case Western Reserve University School of Law (1993)
  • M.B.A., Case Western Reserve University (1993)
    Weatherhead School of Management

  • B.B.A., Cleveland State University (1987)

Admissions

  • Illinois

Courts

  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of Illinois

Affiliations

  • American Bar Association (Equal Employment Opportunity Committee)

Representative Engagements

Defense of Class Action And Multi-Plaintiff Cases

  • Copp, et. al. v. American Enterprise Services Co., et. al., No. 11-CV-00189 (U.S. District Court / Southern District of Iowa) (lead defense counsel in this breach of contract and Fair Credit Reporting Act class action).
  • Zimmerman, et. al. v. Rush Hour Events, LLC, No. 10-CV-03117 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this wage-hour collective action).
  • Fitzpatrick, et. al.  v. Chicago North Shore Lodging, et. al., No. 10-CV-252(U.S. District Court / Northern District of Illinois) (won summary judgment in this age/race/retaliation action under the ADEA, Title VII, and Section 1981).
  • 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 this class action race discrimination claim under Section 1981, Title VII, and Illinois Human Rights Act).
  • Murray, et. al. v. Snapple Beverage Corp., No. 09-CV-07803 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this ten plaintiff Section 1981 action alleging race harassment, discrimination, and retaliation)
  • Liddell, et. al. v. Snapple Beverage Corp., No. 09–CV-02983 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this Section 1981 action alleging race harassment).
  • Knox, et. al. v. Dr Pepper Snapple Group, No. 09–CV-03274 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this Section 1981 action alleging race harassment).
  • Johnson, et. al. v. Snapple Beverage Corp., No. 09–CV-03417 (U.S. District Court / Northern District of Illinois) (lead defense counsel in thisSection 1981 action alleging race harassment).
  • U.S. Tsubaki, EEOC - Cleveland (lead defense counsel in defending against 44 age discrimination charges stemming from a workplace strike by union employees).
  • Park Ohio, EEOC - Minneapolis (lead defense counsel in defending against 19 discrimination charges alleging race, national origin, retaliation, and disability discrimination stemming from implementation of mandatory arbitration program).
  • Butler, et al. v. American Cable & Telephone, LLC, No. 09-CV-5336 (U.S. District Court / Northern District of Illinois) (co-lead defense counsel in this class and collective action brought under the Fair Labor Standards Act and the Illinois Wage Payment and Collection Act).
  • Harden, et. al. v. Wm. Wrigley Jr. Co., No. 07-CV-5928 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this FLSA collective action).
  • In re C. H. Robinson Worldwide, Inc. Overtime Pay Litigation, No. 07-MD-1849 (U.S. District Court / District of Minn.) (co-lead defense counsel in this approximately 525 plaintiff case alleging overtime pay violations under the Fair Labor Standards Act).
  • Acevedo, et. al. v. Heinemann’s, Inc., et al., No. 06-CV-3252 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this 122 plaintiff case alleging, among other things, violations of WARN, ERISA, Section 301 of the LMRA, and the Illinois Wage Payment and Collection Act).
  • Phillips, et. al. v. National City Bank, No. 06-CV-0110(U.S. District Court / Northern District of Illinois) (lead defense counsel in this Fair Credit Reporting Act class action).
  • Shaker, et al. v. New Times, et al., No. 04-CV-1881 (U.S. District Court / Northern District of Ohio) (won motion to dismiss class action allegations of wrongful discharge, conspiracy and tortious interference under California and Ohio law).
  • Miller, et al. v. Freedom Waffles, et al.(d/b/a Waffle House), No. 06-CV-159 (U.S. District Court / Western District of Kentucky) (as lead defense attorney for Waffle House franchisee, won summary judgment in this race discrimination / denial of service case under federal/state law).
  • Jothen, et al. v. Best Buy, Inc., No. 04-CV-4812 (U.S. District Court/District of Minnesota) (served as monitoring defense counsel in this age case where plaintiffs brought a collective action for alleged age discrimination in a reduction-force).
  • Carlson, et al. v. CH Robinson, Inc., No. 02-CV-3780 (U.S. District Court / District of Minnesota) (co-lead defense counsel in this class action gender discrimination case alleging company-wide claims for pay, promotional opportunities, and terms and conditions of employment).
  • Mercado, et al. v. Collis Foods, Inc. (d/b/a Waffle House), No. 05-CV-02170 (U.S. District Court / Northern District of Georgia) (coordinated defense in this race discrimination / denial of access case brought by plaintiffs and the Washington Lawyer’s Committee).
  • Harris, et al. v. Hillcrest Foods, Inc. (d/b/a Waffle House), No. 04-CV-14 (U.S. District Court / Western District of North Carolina) (coordinated defense in this race discrimination / denial of access case brought by plaintiffs and the Washington Lawyer’s Committee).
  • Brown, et al. v. Waffle House, et al. (d/b/a Waffle House), No. 03-CV-207 (U.S. District Court / Eastern District of Texas) (lead defense attorney for Waffle House franchisee in this race discrimination / denial of access case brought by plaintiffs and the Washington Lawyer’s Committee).
  • Berry, et al. v. Hillcrest Foods, Inc. (d/b/a Waffle House), No. 03-CV-447 (U.S. District Court / Western District of North Carolina) (race discrimination / denial of access case brought by plaintiffs and Washington Lawyer’s Committee).
  • Brooks, et al. v. Collis Foods, Inc. et al. (d/b/a Waffle House), No. 03-CV-155 (U.S. District Court / Northern District of Georgia) (coordinated defense in this race discrimination / denial of access case brought by plaintiffs and the Washington Lawyer’s Committee).
  • Luna, et al. v. Freedom Waffles, et al. (d/b/a Waffle House), No. 03-CI 8505 (Circuit Court of Jefferson County, Kentucky) (lead defense attorney in this four plaintiff sexual harassment and state law tort action).
  • Williamson, et al. v. Briskin Manufacturing Corp., No. 3-01-0586 (U.S. District Court / Middle District of Tennessee) (lead defense attorney in this WARN class action).
  • Serota, et al. v. Regus Business Centre Corp., No. 00-C-4331 (U.S. District Court / Northern District of Illinois) (lead defense attorney in case in which male plaintiffs claimed reverse discrimination and sexual harassment in female dominated work environment).

Defense of Federal And State Court Single-Plaintiff Cases

  • DellaPorta v. Dr Pepper Snapple Group, Inc, No. 11-CV-327 (U.S. District Court / Eastern District of Texas) (lead defense counsel in this sex discrimination/retaliation action under Title VII).
  • Campbell v. Dr Pepper Snapple Group, No. 11-01331 (District Court Collin County, Texas) (co-lead defense counsel in this Texas state law pregnancy discrimination and retaliation action).
  • Potts v. American Bottling Co., No. 11-CV-0149 (U.S. District Court / Northern District of Ohio) (co-lead defense counsel in this COBRA and state whistleblower action).
  • Davis v. BWAY Corp, No. 11-CV-00092 (U.S. District Court / Southern District of Indiana) (lead defense counsel in this sex discrimination/relation case under the FMLA and Title VII).
  • Abioye v. Chicago North Shore Lodging, et. al., No. 10-CV-257(U.S. District Court / Northern District of Illinois) (lead defense counsel in this pregnancy/race action under Title VII and Section 1981).
  • Gundogdu v. Chicago River Road Lodging Assoc., No. 10-CV-02957(U.S. District Court / Northern District of Illinois) (lead defense counsel in this gender/overtime pay action under the FLSA and IL. Wage Payment & Collection Act).
  • Patsis v. H.S. Crocker Company, Inc., No. 10–CV-50016 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this Title VII sex harassment/retaliation action; won summary judgment on sex harassment claim).
  • Philip v. Wrigley Manufacturing Company, LLC, No. 10-6442 (U.S. Court of Appeals For The Sixth Circuit) (won appeal of summary judgment in this race, national origin, and harassment action brought under Title VII and the Tennessee Human Rights Act).
  • Siverand  v. Snapple Beverage Corp., No. 10–CV-07961 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this Section 1981 action alleging race harassment and retaliation).
  • Jones  v. Snapple Beverage Corp., No. 10–CV-07929 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this Section 1981 action alleging race harassment and retaliation).
  • DeBauge v. Phillips Service Industries, No. 10–CV-06274 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this disability/wrongful discharge case under the ADAAA).
  • Hammer v. Berner Food & Beverage, Inc., No. 2010-L- 41 (Circuit Court Fifteenth Judicial Circuit, Illinois) (co-lead counsel in this workers’ compensation retaliation case).
  • Davignon v. YMCA of Middletown and YMCA of the USA, No. 09-CV-8942 (U.S. District Court / Southern District of New York) (lead defense counsel in an action alleging age and reverse gender discrimination).
  • Johnson v. Snapple Beverage Corp., No. 09–CV-02352 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this Section 1981 action alleging race harassment).
  • Smith v. Snapple Beverage Corp., No. 09–CV-02821 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this Section 1981 action alleging race harassment).
  • Wilder v. Snapple Beverage Corp., No. 09–CV-03772 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this Section 1981 action alleging race harassment).
  • Gordon v. Snapple Beverage Corp., No. 09–CV-05218 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this Section 1981 action alleging race harassment).
  • Carlson v. BWAY Corp., No. 2-09-CV-0176 (U.S. District Court / Northern District of Georgia) (lead defense counsel in this Title VII retaliation and breach of contract action).
  • Connor v. Wrigley Sales Co., No. 08-CV-21641 (U.S. District Court / Southern District of Florida)(lead defense counsel in this wrongful discharge / retaliation case under the Florida Civil Rights Act).
  • Ramsey v. Wrigley Manufacturing Co., No. 08-CV-80 (U.S. District Court / Eastern District of Tennessee)(lead defense counsel in this hostile work environment / retaliation case under the Tennessee Human Rights Act).
  • Kirk v. Wrigley Manufacturing Co., No. 08-CV-41 (U.S. District Court / Eastern District of Tennessee) (lead defense counsel in this wrongful discharge / FMLA case).
  • Wolfenbarger v. Global Automotive Systems (d/b/a Lexington Metal Systems), No. 08-CI-90050 (Montgomery Circuit Court, Kentucky)(lead defense counsel in this wrongful discharge case under the Kentucky Civil Rights Act).
  • Horn v. Global Automotive Systems (d/b/a Lexington Metal Systems), No. 08-CI-90224 (Montgomery Circuit Court, Kentucky)(lead defense counsel in this wrongful discharge case under the Kentucky Civil Rights Act).
  • Whitehead Electric v. Wrigley Manufacturing Co., No. 2007 CV-3964 (Superior Court of Fulton County, Georgia) (co-defense counsel in this breach of contact case).
  • Jackson v. National City Corporation, et al. No. 07-C-6269 (U.S. District Court / Northern District of Illinois) (lead defense counsel in this Section 1981 race discrimination case).
  • McClanahan v. Global Automotive Systems (d/b/a Lexington Metal Systems), No. 07 CI 90346, (Montgomery County, Kentucky) (lead defense counsel in this gender/wrongful termination case).
  • Beeman v. Chuck-Mar Corp. (d/b/a McDonald’s), No. 2005-CV-0274 (Court of Common Pleas, Portage County, Ohio) (lead counsel in this disability retaliation / age discrimination claim brought under the Ohio Civil Rights Act; won motion to dismiss and sanctions).
  • Navy v. Freedom Waffles, Inc. (d/b/a Waffle House), No. 04-CV-468 (U.S. District Court. / Western District of Kentucky) (lead counsel in this wrongful discharge / gender / race discrimination claim).
  • Laurizten v. NexMed (USA), Inc., No. L 745-03 (Superior Court of New Jersey) (lead defense counsel in this breach of bonus contract action for high level executive).
  • Rogers v. Freedom Waffles, et al. (d/b/a Waffle House), No. 05-CI-06353 (Circuit Court of Jefferson County, Kentucky) (won motion to dismiss and compel arbitration in this wrongful discharge / race discrimination claim under the Kentucky Civil Rights Act).
  • Kintzer v. National City Bank, et al., No. 04-C-4939 (U.S. District Court / Northern District of Illinois) (lead defense attorney in this Title VII / sex harassment case).
  • Smith v. Hillcrest Foods, Inc. (d/b/a Waffle House), No. 04-CV-638-H (U.S. District Court / Western District of North Carolina) (coordinated defense in this race discrimination / denial of access case brought by plaintiff and the Washington Lawyer’s Committee).
  • Crowe v. Hillcrest Foods, Inc. (d/b/a Waffle House), No. 03-CV-3787 (U.S. District Court / District of South Carolina) (coordinated defense in this race discrimination / denial of access case brought by plaintiff and the Washington Lawyer’s Committee).
  • William A. Almond, III v. National City Bank, No. 03-L-005545 (Circuit Court of Cook County, Illinois) (won motion to dismiss this constructive discharge / negligent supervision case).
  • Nawrot v. CPC International, Inc., 277 F.3d 896 (7th Cir. 2001) (lead role in defending employer in this ADA wrongful discharge / failure to accommodate case).

Trials / Administrative Hearings

  • Laslie v. Household International, Inc. No. 98-C-2352 (U.S. District Court / Northern District of Illinois) (won directed verdict in jury trial of plaintiff’s sexual harassment / race discrimination  /  wrongful discharge case).
  • Holley v. Chicago Cable TV, et al. No. 95-C-7503 (U.S. District Court / Northern District of Illinois) (won jury verdict in this age discrimination / failure to promote and retaliation case).

Presentations

  • “Minimizing Employer Expense in Employment Litigation,” Twenty-Third Annual Carl A. Warns, Jr., Labor and Employment Law Institute, The Louis D. Brandeis School of Law, University of Louisville (June 9, 2006)
  • “Religious Discrimination in the Workplace,” Society for Human Resource Management, DuPage Chapter (May 18, 2006)
  • “Harassment in Employment,” American Bar Association EEO Basic Law and Procedure, (October 13, 2004)
  • “Legislative Update,” DuPage Society for Human Resource Management (July 15, 2004)
  • “Workplace Harassment and Internal Investigations:  Protecting Your Organization by Conducting Timely and Thorough Investigations,” Council on Education in Management (April 20, 2004)
  • “Discipline and Termination:  Critical Steps to Avoid Wrongful Discharge Liability,” Council on Education in Management (April 20, 2004)
  • “Discrimination and Retaliation:  Avoiding Discrimination and Retaliation Liabilities by Establishing Preventive Practices,” Council on Education in Management (April 19, 2004)
  • “Leaves of Absence Issues:  Complying With The FMLA, ADA and State Workers’ Compensation Laws,” Council on Education in Management (February 25, 2004)
  • “Managing Medical Leaves of Absence Under The FMLA and ADA,” Oakbrook Human Resource Association (November 11, 2003)
  • “Wrongful Discharge, Retaliation & Discrimination Claims,” Council on Education in Management, (September 25, 2003) (September 10, 2002)
  • “A General Overview Of U.S. Labor And Employment Laws For Canadian Companies Doing Business In The U.S.,” Canadian Consulate, Chicago (April 30, 2003)
  • “Employment Law Counseling For The Small Business Client in Illinois,” National Business Institute (April 24, 2003)
  • “Protecting Your Business From FMLA and ADA Liability When Disciplining or Discharging Employees for Absenteeism,” Oakbrook Human Resource Association (February 11, 2003)
  • “E-Mail and Invasion Of Privacy Issues – How Far Can An Employer Go?,” Lorman Seminar Series, (December 12, 2002)
  • “Reductions In Force:  How To Avoid Liability Under The Age Discrimination Act and Other Anti-Discrimination Laws,” Lorman Seminar Series (December 12, 2002)
  • “Avoiding Retaliation Claims When Disciplining Or Terminating Employees For Absenteeism,” Counsel on Education in Management (November 18, 2002) 
  • “Employee Leaves Of Absence: Overlapping Issues Under the FMLA, the ADA and Other Employment Statutes,” Council on Education in Management (October 28, 2002)
  • “Legislative and Judicial Update,” Valley Industrial Association (September 13, 2000)

Publications

  • “Employment Agreements,” Ch. 5, Conducting the Employment Practices Audit, Illinois Institute for Continuing Legal Education (2004)
  • “Making the Most of Your Trial Strategy: Practical Tips From The Midwinter Meeting,” EEO Today, Vol. 9, Issue 1 (Fall 2004)
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