Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held. Williams v. KincaidNo. 21-2030 (4th Cir. Aug. 16, 2022). The court’s ruling likewise applies to the analogous Rehabilitation Act.  Read the full article here.

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Photo of Michelle E. Phillips Michelle E. Phillips

Michelle E. Phillips is a principal in the White Plains, New York, office of Jackson Lewis P.C. Michelle handles various types of employment litigation with an emphasis on sexual, racial and disability harassment, and LGBT matters. She also counsels clients on a variety…

Michelle E. Phillips is a principal in the White Plains, New York, office of Jackson Lewis P.C. Michelle handles various types of employment litigation with an emphasis on sexual, racial and disability harassment, and LGBT matters. She also counsels clients on a variety of labor and employment matters concerning federal and state employment laws. Michelle frequently conducts and advises clients on internal investigations and leads seminars and webinars for a broad range of clients focusing on employment discrimination, diversity, sexual harassment and LGBT issues.

Photo of Janean Dunn Janean Dunn

Janean B. Dunn is an associate in the Raleigh, North Carolina, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

Janean represents private and public employers in federal and state courts, arbitrations

Janean B. Dunn is an associate in the Raleigh, North Carolina, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

Janean represents private and public employers in federal and state courts, arbitrations and administrative proceedings before the U.S. Equal Employment Opportunity Commission, the North Carolina Department of Labor, and the U.S. Merit Systems Protection Board. Janean handles cases involving wage and hour disputes, wrongful discharge, retaliation, sexual harassment, unlawful discrimination and state tort issues.

In addition to her litigation practice, Janean provides practical advice and counsel to employers in day-to-day employment law matters, such as: managing employee performance, employee discipline, leave and accommodation matters and workplace investigations. Janean is also experienced in providing transactional services to employers such as: drafting employment agreements, staffing agreements, hiring and separation documents, severance agreements, and employee handbooks and policies. Janean focuses her practice on disability, leave and health management, and she currently serves as the Firm’s North Carolina State Law Leave Leader, advising clients nationwide on the various workplace leave laws in North Carolina and tracking proposed local and state leave-related legislation.

While attending law school, Janean was a contributing editor for the Elon University School of Law’s Journal of Leadership and the Law and a Leadership Fellow in Elon Law’s leadership program. Additionally, Janean externed at the U.S. Equal Employment Opportunity Commission, to include serving as a judicial clerk to Supervisory Administrative Judge Regina N. Stephens. Janean also handled various matters in the EEOC’s investigation unit and the alternative dispute resolution unit.

Honors and Recognitions

  • National Black Lawyers©, “Top 40 under 40” (2019–present)

Professional Associations and Activities

  • North Carolina Bar Association, Labor and Employment Law Section and Young Lawyers Division
  • Capital City Lawyers Association, Member

Pro Bono and Community Involvement

  • North Carolina Bar Association, Pro Bono Committee Co-Chair (Young Lawyers Division)
  • Bridge of Hope Church Apex Campus, Service Coordinator
  • Elon Black Alumni Network, Former Peer Student Mentor
  • One Step Further, Inc., Former Board Member

Published Works

  • “The Attorney – Client Privilege for Labor and Employment Practitioners,” American Bar Association, Labor and Employment Law Division (Fall 2021) [Co-Author]
  • “Understanding Disability Laws in the Workplace: An Analysis of the Americans with Disabilities Act of 1990 and The Family Medical Leave Act of 1993,” North Carolina Bar Association (Spring 2020) [Co-Author]
  • “Gender and the Practice of Law: A Comparison of a Female Law Student’s Experience with the Experience of Female Lawyers,” Journal of Leadership and the Law, Issue 4 (Elon Law, Winter 2015) [Author]

Speeches

  • “The Attorney – Client Privilege for Labor and Employment Practitioners,” American Bar Association, Labor and Employment Law Division’s Annual Conference (Virtual, November 2021) (co-panelist)
  • “What’s on the Horizon: What to Expect under the Biden Administration,” Alamance County Human Resources Association (Virtual, May 2021) (co-presenter)
  • “What You Need to Know About the Virtual Workplace and Transitioning Back to the Non-Virtual Office,” Jackson Lewis Carolinas Summit (Virtual, February 2021) (co-presenter)
  • “2020 Fundamentals of Employment Law: The Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA)” North Carolina Bar Association Labor & Employment Law Section (Cary, NC, February 2020) (co-presenter)
  • “Employment and Labor Law Update: Current Issues and Trends,” Association of Corporate Counsel (Greensboro, NC, October 2019) (co-presenter)