Karen Cain exclusively represents employers, primarily in the arena of employment litigation, and also in the administrative process and preventive counseling and investigation. She has defended class lawsuits brought by the EEOC in jurisdictions across the country, as well as in pre-suit nationwide EEOC investigations. She also defends class and collective actions brought by private individuals, including FLSA litigation. Her experience includes claims before the spectrum of federal agencies including the EEOC, the DOL, and the NLRB, as well as before numerous state agencies.

Ms. Cain’s experience extends beyond judicial and administrative forums into arbitration. She has assisted employers in adopting arbitration programs for employees and drafted arbitration agreements. Her experience includes successfully compelling arbitration in federal and state courts across the country. She has handled dozens of matters before the AAA, including through hearing and decision on the merits.

Ms. Cain counsels employers on a broad spectrum of employment matters and assists with employee issues that arise day-to-day, particularly with regard to investigations, implementation of discipline, performance management, and separations of employment. She also provides customized training to all levels of employees within an organization. Ms. Cain’s clients include several nationwide retailers, from which she has developed expertise in shopper litigation under 42 U.S.C. § 1981 and state human rights statutes.

Ms. Cain is active at the firm as a member of the Recruiting Committee, the Women’s Forum, and the Labor and Employment Client Service Group. She also takes an active role in mentoring associates interested in federal practice and in employment litigation.

Select Representations

• In nationwide EEOC lawsuit in the United States District Court for the Southern District of California, prevailed on 12(b)(1) Motion that precluded the EEOC from pursuing claims on behalf of employees nationwide, but rather limited action to a single store in California based on the EEOC's failure to properly exhaust administrative remedies prior to filing suit.
• In ADEA and ADA case, after prevailing on 12(b)(1) Motion to dismiss ADEA claims for failure to exhaust, obtained summary judgment on ADA claims where employee claims he was terminated because of an ongoing disability.
• In Title VII race discrimination case, successfully compelled arbitration and thereafter obtained a Rule 41(b) dismissal with prejudice for failure to comply with Court's orders regarding commencement of arbitration.
• In Title VII and Section 1981 sexual harassment and retaliatory termination case, successfully compelled arbitration and after an arbitration hearing obtained an award for the defense on all claims.
• In EEOC sexual harassment class action in the United States District Court for the District of Colorado, prevailed on motion to bar EEOC from recovering damages on behalf of individuals on whose behalf the EEOC sought relief, but whom the EEOC failed to produce for depositions and thereafter resolved case with Consent Decree.
• In case before the  AAA in which the Claimant asserted claims under the ADEA, ADA, and Colorado state law, filed successful 12(b)(6) Motion on  five of six claims and then settled case prior to depositions.
• In EEOC sexual harassment action in the United States District Court for the Middle District of Florida with multiple claimants, prevailed on motion barring recovery of punitive damages, and case was resolved thereafter through Consent Decree.
• In Section 1981 and Title VII action before the AAA with current employee, prevailed on discovery issues, including those involving 30(b)(6) deposition and reached settlement that included resignation shortly thereafter.

Bar and Court Admissions

Missouri, 1996

Kansas, 1995

United States Courts of Appeals for the Eighth and Tenth Circuits

United States District Courts for the District of Kansas, Western District of Missouri and District of Colorado

Education

University of Kansas, J.D., with honors, 1995

University of Kansas, M.S., with honors, 1988

Avila College, B.A., magna cum laude, 1986

Publications

• Contributing Editor, ABA Section of Labor and Employment Law, FMLA Treatise Supplement 2004-2007, ADEA Annual Report 2007- 2008
• Contributing Author, Missouri Employment Law and Practice, Missouri Practice Series (Thomson/West, 2006 ed.)
• “Do Your Duty: Accommodating Employees Called to Military Service,” Kansas City Small Business Magazine, 2004
• Contributing Author, Missouri Bar Desk Book, Employment Discrimination, First Edition
• “Class Action In The Employment Arena: The Corporate Employer’s Perspective,” Missouri Bar Journal, Volume 58: 2002
• “Frivolous Litigation, Discretionary Sanctioning and a Safe Harbor: The 1993 Revision of Rule 11,” 43 U. Kan. L. Rev. 207 (1994)

Professional Affiliations

• Kansas Bar Association, President, Labor and Employment Section, 2008 - 2009; other officer positions, 2004 - present
• American Bar Association, Labor and Employment Section, 2000 - present
• Missouri Bar Association, Labor and Employment Section, 1996 - present