Practice and Industry Groups

James B. Spears, Jr.

Of Counsel Charlotte

Mr. Spears represents and counsels employers on a broad range of employment matters.  On two occasions, he has appeared before the United States Supreme Court including the landmark decision in Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991), which successfully enforced an employee’s individual arbitration agreement as an alternative to a jury trial under the ADEA.  He handles litigation in federal and state trial and appellate courts.


Experience

Mr. Spears’ representation of employers includes:

  • Successfully defending individual and class-action employment discrimination claims brought under Title VII, the ADEA, the ADA, the FMLA, and the Equal Pay Act
  • Defeating wrongful discharge, breach of contract, and public policy claims in several states
  • Defending individual or pattern and practice claims raised by the EEOC and the OFCCP
  • Many years of court representation of retailers, hospitals, manufacturers, and public agencies including review and implementation of personnel policies designed to minimize legal exposures under both federal and state employment laws and regulations

Professional Activities and Speeches

Professional Activities:

  • National Retail Federation Committee on Employment Law (EEO Subcommittee Chair)
  • North Carolina Bar Association
  • South Carolina Bar Association
  • Carolinas’ Drug-Free Workplace Alliance (Member, Executive Committee)

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