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Yvette A. Heintzelman

Of Counsel

Yvette A. Heintzelman

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Affiliations

  • American Bar Association (Labor and Employment Section)
  • Illinois State Bar Association (Labor and Employment Section)
  • California Bar Association
  • Defense Research Institute

Representative Engagements

EEOC and Multi-Party Litigation

  • EEOC/TiaraBrazle et. al v. GLC Restaurants, Inc. (USDC AR, Case No. 05 CV 618) (Represented McDonald’s franchise in a multi-party sexual harassment case filed by EEOC on behalf of nine minor females)
  • EEOC v. MJL of Cabot, Inc. (USDC AK, Case No. 03 CV 7526) (Represented McDonald’s franchise in a multi-party sexual harassment case filed by the EEOC on behalf of six minor females)
  • EEOC/DiLaura v. Mid-Atlantic Medical Services, Inc. (USDC ED PA, Case No. 03-2200) (Represented health insurance provider in an failure to accommodate case filed under the Americans with Disabilities Act by the EEOC)
  • EEOC/Sanders v. AGA Corp. (USDC ED PA, Case No. 03 CV 05404 FVA) (Represented McDonald’s franchise in a sexual harassment claim filed by the EEOC on behalf of a minor male)
  • EEOC v. ProLease and Valleywood Industries (USDC MD, Case No. 03 CV 2240) (Represented pallet manufacturer in a sexual harassment/hostile work environment claim filed by the EEOC)
  • Robinson v. Sears Roebuck and Co and Hill v. Sears Roebuck and Co. (USDC AK, Case No. 98 CV 00739, July 3, 2000) (Companion multi-party wage and hour litigation filed against Sears which was resolved as in-house counsel for Sears Roebuck and Co.)
  • Hernandez v. Fields Auto and Ortiz v. Fields Auto (USDC ND IL, Case Nos. 06 C 5457) (Represented defendant auto retailer in a multi-party wage and hour claim for failure to pay overtime)

Trials and Hearings

  • Craig Rutz and Chief Nicholas Weiss (Case No. 08-02) (Appeal of Discipline to Board of Fire and Police Commission, discipline upheld)
  • AMFM Broadcasting, Inc., d/b/a Clear Channel v. Rebecca Osowiec and Citadel Broadcasting Corporation (USDC ND IL Case No. 08 CV 1519, Judge James B. Zagel) (Obtained temporary restraining order against defendant Citadel Broadcasting Corporation and preliminary determination of a protectable interest after presentation of witnesses)
  • Loudon/Gaw v. Village of Lisle (ILRB Case No. S-CA-06-205 (Gaw) and S-CA-06-255 (Loudon), ALJ John Clifford, January 2, 2008, defense verdict upheld on appeal) (Represented the Village in an unfair labor practice charge filed by president and vice president of union alleging discriminatory application of discipline and transfer policies)
  • Patrick Waters v. United Healthcare, Inc. (AAA Case No. 65-160-00265-05, Arbitrator Robert Atmore, March 28, 2007, defense verdict) (Successfully compelled arbitration of claim for violation of FMLA, Minnesota Family Leave Act, whistleblower statute, and common law claim for defamation)
  • IAFF/Local 473 v. City of Waukegan (FMCS Case No. 07-00374, Arbitrator James Dworkin, October 24, 2007, defense verdict) (Represented the City in a grievance arbitration alleging breach of contract for the manner in which the City paid health insurance and calculated benefits under the Public Employees Disability Act and Public Safety Employees Benefits Act)
  • Loudon/Gaw v. Village of Lisle (ILRB Case No. S-CA-05-009, ALJ Philip M. Kazanjian, September 11, 2006) (Represented the Village in an unfair labor practice charge filed by president and vice president of union alleging discriminatory application of discipline and promotion policies) (decision pending)
  • Richard Reid v. City of Waukegan (IL Circuit Court Case No. 05 MR 106, Judge Raymond J. McCoski, November 2, 2006, plaintiff’s verdict) (Represented the City in a claim filed by a former police officer for benefits under the Public Safety Employees Benefits Act)
  • Jacquiline Johnson v. UnitedHealth Group, Inc. (AAA Case No. 51 160 01 602 05, Arbitrator Joseph M. Gagliardo, September 13, 2006, defense verdict) (Represented employer in race discrimination and failure to promote case, successfully compelled arbitration)
  • Chafin v. Fields Auto Group (USDC ND IL, Case No. 02 C 9005, Judge John Darrah, April 2005, defense verdict) (sex discrimination bench trial)
  • Sain v. City of North Chicago (FMCS Case No. 050509-03423-A, Arbitrator Ann Kenis, November 16, 2005, defense verdict) (Represented the City in a grievance arbitration concerning payment of specialty pay)
  • Don Malec v. Village of Oak Brook (Appeal to the Board of Fire and Police Commission, December 29, 2005, discipline increased) (Represented the Village in an appeal of a two day suspension of a police officer, the suspension was not only upheld but increased the suspension to five days)
  • Stephen Anglin v. Sears Roebuck and Co. (USDC ND IL, Case No. 93 C 3438, Judge John Nordberg, 2004 WL 1197355, March 28, 2004, defense verdict) (Represented retailer in a breach of contract violation of ERISA claim)
  • Val Nash v. City of North Chicago (FMCS Case, November 2003, defense verdict) (Represented the City in grievance arbitration )
  • Teamsters Local 714 and Village of Oak Brook (ILRB Case No. S-CA-98-141, June 1998, defense verdict) (Represented the Village in an unfair labor practice charge alleging unilateral changes to its training program)
  • Teamsters Local 714 and Village of Oak Brook (ILRB Case No. 98-79, 1998, defense verdict) (Represented Village in an unfair labor practice charge alleging failure to promote in retaliation for union activity)
  • Jermiah O. and South Beloit Community School District (State of Illinois, Board of Education; Case No. 000573 Dr. James Wolter, presiding, November 1998, defense verdict) (Represented School District in a special education due process hearing)
  • Lyndale O. and South Beloit Community School District (State of Illinois, Board of Education; Case No. 000574, Dr. Julius Menacker, presiding, November 1998, defense verdict) (Represented School District in a special education due process hearing)
  • Teamster Local 726 and Village of Glenwood (ILRB Case No. S-CA-96-145, April,1997; defense verdict) (Represented the Village in an unfair labor practice charge for failure to promote termination in retaliation for union activity)
  • Cochrum v. Old Ben Coal Co. (Circuit Court of Illinois, Franklin County, Case No. 5-96-0040, Honorable Kyle Vantreese, April 4, 1997, defense verdict) (Represented defendant in a wrongful discharge case wherein the court granted defendant’s motion for a directed verdict ; directed verdict was upheld on appeal 678 N.E. 2d 1093 (5th Dist. April 4, 1997)
  • Jose R. v. Joliet School District (State of Illinois, Board of Education; Ms. Jennifer Carry, presiding, June 1997, defense verdict) (Represented School District in a special education due process hearing and presented expert testimony)
  • Matthew K. and Elgin School District (State of Illinois, Board of Education; Dr. Joseph Vaal, presiding, 1997, defense verdict) (Represented School District in a special education due process hearing and presented expert testimony)
  • Rosin v. Belmont Nursing & Rehabilitation (Wisconsin Department of Industry, Labor & Human Relations, ERD Case No. 1996 02758, June 1997, defense verdict) (Represented nursing facility in an age discrimination in employment and constructive discharge case)
  • Gaston v. Zeigler Coal Holding Co. (Circuit Court of Twentieth Judicial Circuit, St. Clair County, Case No. 91 L 861, Judge James M. Radcliff, June 1995, plaintiff’s verdict) (Represented defendant in a wrongful discharge case)
  • Mattie Yoakum v. Belmont Nursing & Rehabilitation (Madison Employment Opportunities Commission, Equal Rights Division, ERD Case No. 9500723, ALJ Allen Wolenka, presiding, November 17, 1995, defense verdict) (Represented a nursing facility in a race discrimination case)
  • Strichko v. St. Luke’s Memorial Hospital (Wisconsin Department of Industry, Labor & Human Relations, ERD Case No. 9353703, November 1994, defense verdict) (Represented the hospital in a handicap discrimination charge filed against the hospital)

Representative Cases Where Judgment or a Dismissal Has Been Entered

  • Waukegan Fire Fighters Union, Local 473, International Association of Fire Fighters, Charging Party and City of Waukegan, ILRB Case No. S-CA-08-065 (Judge Gallagher, May 30, 2008 (Dismissal of an unfair labor practice charge alleging that the municipal employee retaliated against a firefighter for his protected activity)
  • Gaw/Crocher v. Village of Lisle ILRB Case No. S-CA-08-089 (John Brosnan, May 6, 2008 (Dismissal of an unfair labor practice charge filed under 10(a)(1) and 10(a)(2) alleging discrimination against union president for issuance of a two day suspension for insubordination (Gaw) and allegedly termination of a witness to the incident (Crocher)
  • IAFF Local 473 and City of Waukegan, (ILRB Case No. S-CA0-08-065; John Brosnan; March 20, 2008) (Dismissal of an unfair labor practice charge alleging discrimination based on filing charges against the Fire Chief)
  • Fraternal Order of Police and City of Waukegan, (ILRB Case No. S-CA-07-159, John Brosnan aff’d February 7, 2008) (Dismissal of unfair labor practice charge under 10(a)(1) and 10(a)(2) filed by police officer concerning the issuance of Chief’s points) 24 PERI 21; 108 LRP 16211.
  • Zuccolo v. Hannah Marine Co. (Circuit Court of Cook County, IL, Judge David Taylor; January 11, 2008) (Motion for summary judgment granted on state law whistleblower claim and wrongful discharge claim)
  • DeWanda Waters v. Grand Foods (Circuit Court of Cook County, IL, Case No. 04 L 1326, March 2006, Judge Cunningham) (Motion for summary judgment granted on plaintiff’s claims for defamation and wrongful discharge upheld on appeal, November 26, 2006, First Judicial Circuit)
  • Knowles v. United Healthcare Services Inc. (USDC ND IL, Case No. 05 C 1613, Judge David Coar, May 19, 2006, 2006 WL 1430212) (Motion for summary judgment granted on age discrimination and defamation case)
  • Jones v. Dew (Circuit Court of Cook County, IL, Case No. 06 C 3577, 2006 WL 3718053, Dec. 13, 2006, Judge James Moran) (Motion to dismiss state law whistleblower and retaliatory discharge claim)
  • Hodan Hassan v. UnitedHealth Group, Inc. (AAA Case No. 65 160 00011 05, Arbitrator Robert Atmore, April 29, 2005) (Complaint voluntarily dismissed without payment)
  • Deborah Hitt v. Uniprise (AAA Case No. 65 160 M 399 04, Arbitrator Fogelberg, April 15, 2005) (Complaint voluntarily dismissed without payment)
  • James Dockery v. Marshall Field & Co. (Case No. 97 C 6677, Judge Ronald Guzman, 2000) (Motion for summary judgment granted on race discrimination and termination case)
  • Willam Lush v. Rol Adams and Arek Mangert (Monroe Circuit Court, Ind. Div. V., Case No. 53 C 050301-PL-00040) (Motion for summary judgment granted on libel claim)
  • Barbara Jean Jones v. Provena St. Joseph Medical Center (USDC ND IL, Case No. 98 C 5058, Judge Susan B. Conlon) (Motion for summary judgment granted on race discrimination and termination case)
  • Adams v. Joliet Public Schools (USDC, ND IL, Case No. 95 C 1054, 1997 WL 222883, April 24, 1997, Judge Anderson) (Motion for summary judgment granted on disability discrimination claim)
  • Gerdes v. Swift Eckerich, Inc. (USDC, ND IA, Case No. 95-3068-MWB, 949 F. Supp. 1386 (ND IA Dec. 2, 1996), Judge Bennett; aff’d 125 F.3d 634 (8th Cir. 1997) (Murphy, Henry, Norris)) (Motion for summary judgment granted on disability discrimination claim filed under the Americans with Disabilities Act; decision upheld on appeal to the Eighth Circuit Court of Appeals)
  • Cochrum v. Old Ben Coal Co. (USDC CD IL, Case No. 96-1073, 102 F.3d 908 (7th Cir 1996)) (Motion for summary judgment granted for disability discrimination under the Americans with Disabilities Act; decision upheld on appeal)
  • Corbit v. Davis (USDC ND ALA, Case No. 90-7086, 936 F.2d 586 (11th Cir. 1991)) (Motion for summary judgment granted on copyright infringement case; decision affirmed on appeal to the Eleventh Circuit Court of Appeals)

    Presentations

    • “Successful Defense of EEO Claims,” IPELRA (February 7, 2008)
    • “Successful Investigative Techniques,” City of Evanston (September 2007)
    • “Employment Law Challenges, Prevention Strategies and Proactive Solutions,” IRMA (March 1, 2007)
    • “Developing Effective Investigative Techniques for Combating Public Safety Employee Injury Claims” (March 2007)
    • “First Amendment Pitfalls for Public Employers” (February 2007)
    • “Sexual Harassment and Retaliation Training,” Village of Oak Brook and Village of Morton Grove (2007)
    • “Federal Employment Law Update,” IPELRA (December 2006)
    • “Harassment, FMLA, ADA and Hiring,” Village of Schaumburg (March 2000)

    Training

    • In 1999, after a competitive-bid process, Seyfarth Shaw was selected to provide sexual harassment training for all employees at Ford Motor Company under a conciliation agreement between Ford and the EEOC. Ms. Heintzelman was one of the attorneys that provided sexual harassment training pursuant to the terms of the conciliation agreement.  I have provided sexual harassment training, anti-harassment training and training on other employment related topics to a myriad of other Fortune 500 and public sector employers.

    Practice Areas

    Related Focus

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