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Lindsay Fiore is an experienced trial lawyer defending employers against single- and multi-plaintiff employment cases. She regularly defends clients against claims related to age, race, gender, and disability discrimination, as well as sexual harassment, hostile work environment, retaliation, whistleblower allegations, the Family Medical Leave Act, and wage and hour issues. Lindsay also represents employers in suits brought by the Equal Employment Opportunity Commission (EEOC) and has defended employers against unfair labor practice charges. She often litigates employment-related tort and contract claims, including defamation, intentional infliction of emotional distress, breach of contract, breach of implied covenant of good faith and fair dealing, and intentional interference with contract/business relations. Lindsay handles appeals for her clients, as well, and has argued before the Ninth and Seventh Circuit Courts of Appeal.

Lindsay has provided guidance on COVID-19-related challenges faced by employers, including the Families First Coronavirus Relief Act (FFCRA) and its paid sick leave and paid family leave requirements, as well as return-to-work issues and establishing protocols for handling COVID-19 exposures or positive tests in employees. She advises on employee safety in the workplace, vaccine mandates, ADA accommodations, reductions in force, furloughs, and layoffs.

Lindsay’s practice also includes advising clients on labor and employment matters arising in the context of mergers, acquisitions, and other corporate events.

Concentrations

  • Discrimination, harassment, and retaliation claims
  • Wage and hour complaints
  • Complex employment litigation
  • ADA accommodations
  • Families First Coronavirus Relief Act (FFCRA)

Capabilities

Experiencia

  • Defended an appeal for her client before the Ninth Circuit on a plaintiff’s claim of sex discrimination based on the “paramour theory” of liability. The plaintiff’s supervisor had been in a long-term relationship with the plaintiff’s co-worker. When a position within the plaintiff’s department had to be eliminated, the plaintiff alleged that he was selected for the reduction in force instead of his colleague, because his colleague had a sexual relationship with the decision-maker. This was an issue of first impression for the Ninth Circuit, and the Court held, in a published opinion, that discrimination based on a romantic or sexual relationship is not discrimination “because of sex” under Title VII.
  • Prevailed before the Seventh Circuit on claims brought against her airline client by a former customer service agent. The plaintiff booked seats for herself on flights she knew were oversold, would “volunteer” to take another flight and get a $500 voucher, then would cancel the alternate flight. After this was anonymously reported, an investigation revealed many other instances of impropriety, and plaintiff was fired. Her termination occurred shortly after she reported another employee for making racist comments in the workplace (which was corroborated), prompting her to bring claims of harassment and retaliation. Lindsay argued the case, and the Seventh Circuit issued a published opinion in favor of her client.
  • Lindsay tried a high-profile discrimination and retaliation case in which the jury returned a complete defense verdict for her client, a hospital company. During the jury trial in the United States District Court for the District of Arizona (the Hon. Susan Bolton presiding), the plaintiff claimed that he had reported a sexual assault of a fellow physician by the medical director of the medical center. He also claimed that the medical director bragged to him about attending orgies, made lewd sexual comments, and propositioned the plaintiff’s husband. He ultimately claimed that he was retaliated against for reporting this conduct.°

°The above representations were handled by Ms. Fiore prior to her joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, Southwest Super Lawyers, “Southwest Super Lawyers Rising Stars – Labor and Employment Law,” 2014-2018, 2021
  • Board of Directors, Arizona Center for Law in the Public Interest, 2017-Present
    • Secretary, Executive Committee, 2021-Present 
  • Board of Directors, Chrysalis, 2021-Present
  • Member, State Bar of Arizona, 2008-Present
    • Executive Council, Labor & Employment Section, 2021-Present
    • Member, CLE Committee (Employment & Labor), 2016-Present
  • Member, Federal Bar Association, 2019-Present
  • Member, Arizona Women's Law Association, 2019-Present

Credentials

Educación
  • J.D., magna cum laude, University of Arizona James E. Rogers College of Law
    • Articles Editor, Arizona Law Review
  • B.A., magna cum laude with honors, University of Arizona
Con licencia para ejercer en
  • Arizona
  • Colorado
  • U.S. District Court for the District of Arizona
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Central District of Illinois
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit