Bethany S. Wagner

Bethany joined Ogletree Deakins in 2021 and has over 15 years of experience in employment law, focusing on investigations and preventive advice, training, and counseling for clients. A former collegiate athletic department executive, Bethany also has extensive experience in issues facing institutions of higher learning, including Title IX and NCAA compliance issues.

Bethany has a robust investigations practice and serves on the Steering Committee for the firm’s Workplace Investigations and Organizational Assessments Practice Group.  As an external investigator, she leads complex investigations involving allegations against C-suite executives, system behavior claims, sexual misconduct, and other allegations of pattern/practice discrimination.  Additionally, because of her higher education experience, she routinely investigates claims of hazing and sexual misconduct at educational institutions and conducts Title IX audits and cultural assessments for athletic departments.  Bethany’s prior investigations include, among others:

• Claims of systemic discrimination, including based on unconscious bias, against people of color at a large hospital organization;
• Claims of off-property sexual assault among company employees;
• Claims of systemic discrimination, involving micro-aggressions and promotional inequity, by C-suite members at national non-profit organization;
• Multiple claims of inappropriate workplace behavior, including sexual harassment and ageism, made by members of the C-suite and Board of Directors; and
• Multiple claims of “toxic working environment” based on behaviors of executives at various national companies.

In addition to conducting investigations, Bethany assists clients’ Human Resources and Employee Relations departments and employees in providing advice on complicated investigations and trains in-house investigators on effective workplace investigations.

Bethany also has an extensive background in higher education.  In addition to serving as outside counsel, prior to joining Ogletree Deakins, Bethany worked as a senior athletic department executive at the University of Pittsburgh. In that role, she oversaw several Division I athletic teams; served as the liaison to the university’s Title IX Office, Office of Student Conduct, and Office of Policy Development and Management; and worked closely with the Office of University Counsel. She routinely counsels higher education clients on athletic-related matters; has defended institutions facing allegations of NCAA bylaw violations; and conducts investigations involving allegations of sexual assault and hazing.  She has also conducted Title IX athletics equity assessments and investigated claims of bullying and inappropriate behavior of Division I head coaches and staff.

Bethany also provides preventative advice and counseling to clients, particularly in the areas of performance management, avoiding issues of workplace discrimination and harassment, and managing disability accommodation and leaves of absences requests. Bethany also has extensive experience defending employers in employment-related litigation before administrative agencies and courts on the federal and state level. She has successfully defended employers in discrimination, wrongful termination, and wage and hour claims, including class and collective actions.

Bethany has gained a reputation among her clients and colleagues as being incredibly responsive and dedicated … all while chauffeuring her children to and from sports and activities.