Maria Greco Danaher

Shareholder Pittsburgh

Maria Greco Danaher regularly represents and counsels companies in employment related matters. She specializes in representing management in labor relations and employment litigation, and in training, counseling, and advising human resource departments and corporate management on these topics. Maria has first chaired trials in both federal and state courts since 1986, and regularly instructs attorneys and students in issues related to trial tactics.

In addition to her litigation experience, Maria regularly acts as a “neutral” for the local federal court’s Alternative Dispute Resolution Program, and was a co-drafter of the local rule related to ADR. She counsels and trains companies on dispute resolution procedures and facilitative communication, and is a member of the firm’s Diversity Steering Committee. Maria also writes regularly for HR News, a monthly publication of the Society for Human Resource Management, and is on the Advisory Board of “You & the Law,” a publication of the National Institute of Business Management. She is a regular contributor to the Allegheny County Bar Association's Lawyer's Journal. She is a presenter for Pennsylvania Bar Institute continuing legal education programs, and is an adjunct professor for the University of Pittsburgh School of Law, and has been named one of the “Best Lawyers in America.”


Experience

Maria’s prior experience includes having acted as in-house litigation counsel for a Fortune 100 company based in Pittsburgh, where she was involved in oversight and management of litigation done by outside counsel in over twenty domestic locations, including general tort litigation and employment law matters. She also coordinated counseling and training of that company’s management, supervisory, and line employees regarding basic obligations under various employment-related statutes.

Maria also has acted as outside counsel for various corporations on labor and employment issues, including participation in defense of claims made to EEOC and state agencies, resolution of grievances, and trials of employment matters in both federal and state courts. Her current legal work includes formulation and drafting of corporate employment policies and procedures for national corporations and small businesses, as well as training and counseling regarding various labor and employment issues, workplace violence avoidance, and cultural diversity. In addition, she regularly instructs attorneys in trial tactics and procedures, both through the National Institute for Trial Advocacy and through in-house programs. 

Professional Activities and Speeches

Professional Activities:

  • Allegheny County Bar Association (ACBA)
  • American Bar Association (ABA)
  • Adjunct Professor, University of Pittsburgh School of Law
  • American Inns of Court, Amy Reynolds Hay Chapter (Executive Board Member)
  • Society for Human Resource Management (SHRM)
  • Instructor, National Institute for Trial Advocacy (NITA)
  • American Health Lawyers Association (AHLA) (Chair, Labor & Employment Practice Group)

Speeches:

  • Labor and Employment Counsel Exclusive - ''The Dizzying Array of State and Local Employment Laws: Round 3—Wage and Hour Requirements'' - Boca Raton - November 10, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''From Hello to Goodbye—Does Your Toolbox Measure Up?'' - San Diego - May 03, 2017
  • AHLA Webinar - ''Bundles of Joy, Bushels of Paperwork: Pregnancy and Postpartum Issues in the Workplace'' - July 31, 2014
  • Business and Legal Resources (BLR) Webinar - ''Pregnancy and Postpartum Issues in the Workplace'' - November 22, 2013
  • Pennsylvania Bar Institute Employment Law West Program - ''Privacy Issues in the Workplace'' - Pittsburgh - November 14, 2013
  • Ogletree Deakins Corporate Labor and Employment Counsel Exclusive - ''Ethics, Negotiation, and The Art of War: How to Win Without Fighting'' - Charleston - November 7 - November 9, 2013
  • Ogletree Deakins Webinar - ''Bundles of Joy, Bushels of Paperwork; Pregnancy and Postpartum Issues in the Workplace'' - October 23, 2013
  • Ogletree Deakins Workplace Strategies Seminar - ''Don't Shoot The HR Messenger: Five Tips To Communicate Better With Employees and Managers'' - New Orleans - May 9 - May 11, 2013
  • Ogletree Deakins Breakfast Briefing - ''Recent Developments in Workplace Safety and Health: OSHA's Continued Push on 'Tough' Enforcement and New Standards'' - Pittsburgh - April 11, 2013
  • American Corporate Counsel - Pittsburgh Chapter - ''Sun Tzu's The Art of War: How to Win Without Fighting'' - Pittsburgh - April 01, 2013
  • Webinar - ''Facing the Dangers of Workplace Violence: Prevention and Response Strategies'' - March 19, 2013
  • AHLA Hospitals and Health Systems Law Institute - ''The Intersection of Peer Review and Discipline of Employed Physicians'' - Las Vegas - February 11, 2011
  • Client Seminar - ''Handling Discrimination Complaints: Training for Managers and Supervisors'' - Beckley - November 11, 2010
  • National Institute of Business Management - ''Employment Law 101'' - webinar - November 04, 2010
  • Ogletree Deakins Briefing - ''Collision Course: Physician Staffing Issues and Employment-Related Lawsuits'' - Pittsburgh - October 26, 2010
  • Ogletree Deakins Breakfast Briefing - ''Independent Contractors: Is there any such thing . . . ?'' - Pittsburgh - October 20, 2010
  • Providing Advice and Guidance in Internal Investigations - ''Investigating Employee Complaints: A Protocol for Offering Legal Direction to HR'' - Woodcliff Lake - October 05, 2010
  • Healthcare Goes Lean Conference - ''The Intersection of Employment and Peer Review'' - Pittsburgh - August 27, 2010
  • HortySpringer Seminars - ''Employed Physicians’ Credentials Files vs. Employment Files: Does it Matter?”'' - audio conference - August 13, 2010
  • NYU School of Law - ''NITA Advocacy Teacher Training Program'' - New York - June 11 - June 13, 2010
  • Ogletree Deakins Workplace Strategies Seminar - ''Workplace Romance: Minimizing the Legal Risks'' - Las Vegas - May 07, 2010
  • Ogletree Deakins Breakfast Briefing - ''Tips Toward Trouble-Free Terminations'' - Pittsburgh - April 20, 2010
  • PA Bar Institute’s Annual Healthcare Law Symposium - ''The Hybrid Medical Staff: Do Employed and Independent Physicians Mix?'' - Philadelphia - March 11, 2010
  • PA Bar Institute’s Employment Law West - ''Family and Medical Leave Act: Employee’s Duty to Cooperate'' - Pittsburgh - January 21, 2010
  • American Health Lawyers Association - ''H1N1: the Flu Shot Heard ‘Round the World'' - webinar - January 14, 2010

Published Works

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Our Insights

Does the PDA Protect Nursing Mothers From Workplace Bias? 11th Circuit Says Yes

October 17, 2017

Employer's 'Solicitous Treatment' of Alleged Perpetrator May Create a Hostile Environment for Coworker/Victim

August 30, 2017

Company’s Reaction to Claim of Unequal Pay Provides Lessons for Employers

July 20, 2017

Hiring Best Practices: 5 DOs and DON’Ts When a Job Applicant Announces a Pregnancy

June 09, 2017

What the DOJ/FTC’s Recent “Antitrust Guidance for Human Resource Professionals” Means for Employers

November 01, 2016

The Looming December 1 Implementation Date for the Overtime Regs: Do Recent Challenges Mean a New Effective Date?

October 10, 2016

September Surprise? Two Federal Lawsuits Attack the Validity of the New FLSA Overtime Rule

September 20, 2016

B.U.G. O.F.F.! Six Tips for Dealing With Zika Questions and Concerns

September 08, 2016

Lack of Policy and Training May Lead to Employers’ Liability for Nonemployees’ Racial Bias

August 04, 2016

Is Proposed Legislation Likely To Slow Implementation of The New Overtime Regulations? Probably Not.

July 27, 2016

The Proposed Overtime Regulations: What They Say, What They Mean, and What To Do Now

July 07, 2015

When is a Background Search not a Background Search?

May 05, 2015

EEOC has Defined “Ability to Interact With Others” as a Major Life Activity, Making Social Anxiety Disorder a Disability Under the ADA

April 20, 2015

Supervisor’s Knowledge of Unreported Overtime May Lead to Liability Under the FLSA

February 16, 2015

Employee’s Failure to Participate in Interactive Process Dooms ADA Claim

January 16, 2015

Ebola Outbreak Prompts HHS Bulletin on Application of HIPAA During Emergencies

December 02, 2014

The Employer’s Reference Guide to Information About Ebola

October 13, 2014

Fifth Circuit Finds Restriction of Job Responsibilities May Constitute Adverse Employment Action Under Title VII

October 02, 2014

Employee Needs More Than Speculation to Support his Retaliation Claim

April 17, 2014

Depressed Employee’s Vacation Leave Request Did Not Qualify For FMLA Protection

April 09, 2014

When Titans Clash: California Whistleblower Protections Trump Law on Review of Internal Hospital Staff Privilege Procedures

March 10, 2014

Does a 100% Healed Policy Violate the ADA? What to Require of Employees Returning From Leave

March 03, 2014

Prohibiting “Message” Clothing Without Business Reason Violates the NLRA

February 10, 2014

Light Duty Policy Limited to Work-Related Injuries Could Support Claim for Pregnancy Discrimination

January 14, 2014

Should Employers Test Applicants’ Integrity? The EEOC Discusses “Integrity Testing”

December 03, 2013

Employer Faces ADA/FMLA Conundrum And Wins Summary Judgment

November 04, 2013

Pennsylvania Court Jump Starts Unemployment Claim

September 27, 2013

Firing of Employee After His Angry Outburst During Mediation Did Not Constitute Retaliation

August 09, 2013

Disabled Employee Unable to Perform Essential Functions of Job Despite Accommodation

July 10, 2013

Job Description Not Detailed Enough to Prove Night Shift Is Essential Function of Job

July 08, 2013

Inconsistent Reasons for Termination Allow Pregnant Employee’s Discrimination Case to Proceed to Jury

June 26, 2013

Operating Room Nurse Prohibited From Working After a Drug Rehab Stint Cannot Support ADA Failure to Hire Claim

June 11, 2013

Expression of “Personal Contempt” in Facebook Message Was Not Protected Concerted Activity

June 03, 2013

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

May 16, 2013

Ostracism and Petty Mistreatments May Collectively Rise to the Level of Hostile Work Environment for Light Duty Employee

May 06, 2013

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

April 26, 2013

Employer’s Judgment About What Constitutes an Essential Job Function Carries Substantial Weight

April 22, 2013

Dishonest Response on an Initial Application Can Come Back to Haunt an Employee

April 09, 2013

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

March 25, 2013

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

March 11, 2013

Permanent “Light-Duty” Position Not Reasonable Accommodation for Disabled Employee Under the ADA

January 30, 2013

Employer’s Reliance on Third Party Assessment to Determine Reasonable Accommodation May Lead to ADA Liability

January 23, 2013

Vegan Employee May Proceed with Religious Discrimination Claim

January 16, 2013

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

January 02, 2013

Layoff Upon Return From Military Leave May Qualify as a “Reemployment Position” Under the USERRA

December 18, 2012

Temporal Proximity Between FMLA Leave and Firing Does Not Always Lead to Successful Legal Claim

December 11, 2012

Termination for Facebook Posting Does Not Violate State Invasion of Privacy Law

November 27, 2012

Employee’s Signs of Severe Emotional Distress and Anxiety May Constitute a “Report” of the Need for FMLA Leave

November 20, 2012

NLRB Provides Further Direction on Social Media Policies in Recent Advice Memorandum

November 05, 2012

EEOC Suggests That Title VII and ADA May Apply to Employment Situations Involving Domestic Violence and Sexual Assault

November 01, 2012

Employer's Permanent Modification of Payroll Workweek in Order to Eliminate Overtime is OK under the FLSA

October 22, 2012

Employee’s Request to Move from Rotating Shift to Straight Shift not a “Reasonable Accommodation” under the ADA

September 25, 2012

Workplace Violence: Assessing the Risk and Dealing with the Consequences

July 06, 2012

Company's "100% Healed" Policy Does Not Create per se Disability Discrimination.

January 16, 2012

OFCCP’s Proposed Revisions to Regs Require Increased Obligations and Affirmative Action Regarding Disabled Individuals

December 19, 2011

High School Diploma as Pre-Requisite to Employment May Violate the ADA

December 06, 2011

Alleged Comments by HR Director Sufficient to Defeat Company’s Motion for Summary Judgment

November 21, 2011

Use of “English-Only” Policies is Subject of Disagreement Between Governmental Agencies

November 21, 2011

Supervisor’s Ill-Considered E-Mail Forms the Basis of an FMLA Lawsuit

October 31, 2011

Inconsistent Treatment of Older Worker May Lead to Legal Liability

October 03, 2011

Performance Improvement Plan (PIP) is Not an “Adverse Employment Action” for Purposes of Federal Anti-Discrimination Laws

August 09, 2011

GINA Prohibits Financial Incentives as Inducement to Provide Genetic Information as Part of Employee Wellness Program

August 01, 2011

Employer’s Actions Have Unintended Consequences in Texas Whistle-Blower Case

June 16, 2011

The NLRB is Making Clear Its Position Regarding Social Media Communications

June 06, 2011

Insufficient Medical Information Justifies Refusal of FMLA Leave

May 29, 2011

How Many Hours Have You Worked This Week? Check Your Phone

May 26, 2011

The NLRB Takes Its Internet Battle to a Non-Unionized Workplace

May 26, 2011

The USERRA Does Not Provide a Claim for Hostile Work Environment

March 28, 2011

Employer’s Frequent Calls to Employee During FMLA Leave May Create Interference With FMLA Rights

February 15, 2011

NLRB Complaint Based Upon Facebook Posts as “Concerted Activity” is Settled Prior to Hearing

February 14, 2011

Employees Who Stop Coming to Work Because Business is Closing are Entitled to 60-Day Notice Under the WARN Act

January 26, 2011

Plaintiff Must Request an Accommodation that Allows Him to Perform the Essential Functions of the Job in Order to Support ADA Claim

December 13, 2010

The DOL’s Wage and Hour Division Will No Longer Provide Fact-Specific Opinion Letters

November 16, 2010

Employer’s Continuing Efforts to Resolve Issues Complained of by Employee Supports Dismissal of Discrimination Complaint

November 16, 2010

Facebook Posts Might be Viewed by NLRB as “Concerted Activity”

November 12, 2010

USERRA Coverage May Be Triggered Prior to Formal Military Orders

November 04, 2010

Under the ADAAA, Individual in Remission From a Disabling Condition Does Not Have to Be “Substantially Limited” at the Time of Complained-of Adverse Action

September 13, 2010

Actionable Hostile Work Environment Can Be Based Upon a Single Action

September 07, 2010

Impaired Employee May Be Excused From Heightened Reporting Requirement for FMLA Leave

September 01, 2010

Actions Taken Out of Concern for Employee’s Pregnancy May Create Basis for Violation of Pregnancy Discrimination Act and ADA

August 18, 2010

Fitness-For-Duty Exam Can Be Based On Concern About Employee’s “Volatile” Behavior

August 11, 2010

Threatening Language May Support Claim of Hostile Environment, Even Without Sexual References

August 02, 2010

Patient’s Preference for White Aides Does Not Trump Health Care Employer’s Duty to Its Employees to Abstain From Race-Based Work Assignments

July 23, 2010

Equal Opportunity Harasser’s Use of Female-Specific Slurs and Remarks Can Support Claim of Hostile Work Environment

July 07, 2010

Physician’s Constructive Discharge Claim Required Only That a Protected Characteristic Played a “Motivating Part” in Hospital-Employer’s Conduct

June 04, 2010

Insubordinate Employee Does Not Meet Employer’s Legitimate Expectations

May 27, 2010

Punitive Damages of $250 Million Awarded to Current and Former Employees in Gender Discrimination Lawsuit

May 21, 2010

Inability to Get Along With Co-Workers Can Be Sufficient Basis for Adverse Employment Action

May 17, 2010

Company Pays Judgment for Sexual Harassment of Teenaged Employees

May 11, 2010

Third Circuit Says Accommodation May Include Shift Change That Assists with Commute to Work

April 27, 2010

The IRS Has Developed a Form Affidavit to Confirm That An Individual is a “Qualified Employee” Under the New HIRE Act

April 19, 2010

Impairment Caused by Medication’s Side Effects May Be a Disability, Even if Underlying Condition is Not

April 19, 2010

Medical Intern Unable to Perform the Essential Functions of a First-Year Resident Cannot Support ADA Claim

April 02, 2010

Third Circuit Says Lay Testimony Can Help to Establish “Serious Health Condition” Under FMLA

March 22, 2010

Newly Signed “Jobs Bill” Provides Tax Breaks to Companies That Hire Unemployed Workers

March 22, 2010

Section 1981 Race Discrimination Claim Cannot Survive Without a Contractual Interest as its Basis

March 10, 2010

Sales Rep Falls Within FLSA’s “Administrative” Exemption Because of Independent Strategic Planning Responsibilities

February 11, 2010

Adverse Employment Action Based on Gender-Related Non-Conforming Behavior and Appearance is Impermissible

January 25, 2010

FTC Guidelines May Create Company Liability for Employees’ Online Endorsements

January 04, 2010

Attendance at Work is an Essential Function of the Job in Most Instances

December 28, 2009

Attendance at Work is an Essential Function of the Job in Most Instances

December 17, 2009

The Genetic Information Nondiscrimination Act (GINA) Has Taken Effect

November 23, 2009

9th Circuit Rules That Rehabilitation Act Covers Discrimination Claim By an Independent Contractor

November 23, 2009

Termination for Poor Performance Discussed Prior to FMLA Leave Does Not Support Retaliation Claim

November 17, 2009

Termination of Teacher After Her Complaints on Behalf of Disabled Students May Constitute ADA Retaliation

October 29, 2009

Disabled Employees Must Provide Corroborating Evidence of Non-Obvious, Medically Necessary Accommodations

October 23, 2009

Replacing Employee With Younger, Less Experienced Person is not Always Age Discrimination

October 22, 2009

Company Violated Federal Law by Accessing Employee’s Invitation-Only MySpace Chat Group Without Authorization

October 13, 2009

Independent Contractor May Bring Section 1981 Race Discrimination Claim

September 22, 2009

Employer May Be Liable for Hiring Done by Independent Contractor

September 16, 2009

Homosexual Man’s Gender Stereotyping Claim is Cognizable Under Title VII

September 08, 2009

Employee Must Provide Information Sufficient to Trigger Notice of Need for FMLA Leave

September 08, 2009

Evidence of Misconduct Discovered During FMLA Leave May Support Employee Termination

August 27, 2009

Company’s Prompt Reaction to Noose Precludes Liability for Racial Discrimination

August 19, 2009

Termination for Obsolete Skill Set Does Not Constitute Age Discrimination

August 05, 2009

ADA’s Interactive Process May Require Plaintiff to Identify Open Position for Transfer

July 07, 2009

Firing of Non-Union Healthcare Workers for Picketing Was Illegal

June 29, 2009

Supervisors Without Authority to Affect Employment Status of Other Workers Are not “Managers” for Purpose of Title VII

June 22, 2009

EEOC Supplements Its 2007 Guidance Regarding Caregiver Discrimination

June 16, 2009

Summary Judgment Standard Requires Court to View Evidence in Light Most Favorable to Non-Moving Party

June 10, 2009

Rescinding Employment Benefit Extended Only to Employees With Military Obligations Does Not Violate the USERRA

June 08, 2009

Sarbanes-Oxley’s 90-Day Statute of Limitations Not Triggered By Conditional Firing

May 18, 2009

EEOC Supplements Its 2007 Guidance Regarding Caregiver Discrimination

May 12, 2009

Supreme Court Hears Arguments on Whether Scrapping Promotional Exam Violates Title VII

April 27, 2009

Request For an Indefinite Leave of Absence is Not a Reasonable Accommodation Under the ADA

April 20, 2009

Internal Investigation Supports Company’s Legitimate Business Reason for Termination

April 20, 2009

Employee’s Alteration of Healthcare Provider’s Form May Invalidate FMLA Application

April 16, 2009

Societal Stereotypes About Women May Support Title VII Discrimination Claim

April 09, 2009

FMLA Allows An Employer To Base Termination On Performance Problems Discovered During An Employee’s Leave

March 26, 2009

Employer Cannot Withdraw Recognition of Union During Protected Certification Year

March 24, 2009

Shutdowns May Have an Impact on Employees’ FLSA-Exempt Status

March 18, 2009

Enforceability of Employer’s Prohibition on Firearms Rests Primarily on State Law

March 13, 2009

10th Circuit Holds That Guns In Company Parking Lot Are OK . . . In OK

February 27, 2009

An Employee Who is Unable to Return to Work After 12 Weeks of FMLA Leave No Longer Has the Protections of That Act

February 16, 2009

Unforeseen Business Circumstances May Relieve Company of WARN Obligation

February 11, 2009

Plaintiff Bears the Ultimate Burden of Proving Retaliatory Motive

January 20, 2009

Retaliatory Discharge Claim May Not Have to Be Specified in EEOC Charge

January 12, 2009

Employer Does Not Violate FMLA by Having Daily Call-In Policy

December 30, 2008

Reduction in Force Sufficient to Overcome Pretext Argument in Retaliation Case

December 22, 2008

Lack-of-Specific-Knowledge not Sufficient to Avoid Liquidated Damages Under FLSA

December 10, 2008

On-Call Hours Must Be Attributed to Week in Which Hours Occurred for Purpose of Overtime Pay

December 02, 2008

Conduct Not Directed at Plaintiff May Support Claim of Hostile Environment

November 24, 2008

Title VII “Supervisor” Must Affect Terms and Conditions of Employment

November 14, 2008

Company’s Adherence To Policies Can Defeat “Regarded As Disabled” Claim

November 07, 2008

Successful “Regarded As Disabled” Claim Requires Exclusion From A Broad Range Of Jobs

October 31, 2008

Court Designates Sales Managers as “Employees” Because Company Controls Distribution of Sales Leads

October 20, 2008

Consensual Sexual Relationship May Not Support Subsequent Claim of Retaliation

October 13, 2008

Employer May Have To Extend Probationary Period Interrupted By FMLA Leave

October 10, 2008

FMLA Eligibility for Intermittent Leave is Recalculated at the Commencement of the First Absence in a Designated 12-Month Period

October 02, 2008

FMLA’s 1250 Hour Eligibility Requirement is Absolute

September 26, 2008

Calling In Sick Without Providing Additional Information is Not Sufficient to Trigger FMLA

September 15, 2008

Third Circuit Clarifies the “Faltering Company” Exception to Notice Requirements of the WARN Act

September 10, 2008

Employer's Directive For Inpatient Alcohol Treatment Does Not Violate ADA

September 02, 2008

The USERRA Supersedes Employer’s “Fitness For Duty” Procedures

August 25, 2008

The USERRA Does Not Pre-empt An Employment Contract's Arbitration Clause

August 14, 2008

Designation As "Joint Employer" Requires Some Control Over The Work Or Working Conditions Of The Employee

August 04, 2008

Employer Can Avoid Liability by Conducting Independent Investigation of Allegations Made by Biased Supervisor Against Minority Subordinate

August 01, 2008

The HCQIA Immunizes Participants From Money Damages In An Objectively Conducted Peer Review Action

July 28, 2008

Employer's Inclusion of FMLA Benefits In Handbook May Bind Company, Even Without the Requisite 50 Employees

July 23, 2008

Second Circuit Says Employer Has A Duty To Reasonably Accommodate Employee With An Obvious Disability, Even Without A Request To Do So

July 14, 2008

Agoraphobic Faculty Member Could Not Support ADA/FMLA Claims

July 02, 2008

Employer May Use Subjective Criteria to Defeat Claim of Pretext in ADEA Case

June 26, 2008

FMLA Does Not Support Retaliation Claims By Employee Who Did Not Actively Participate In Spouse's Previous FMLA Lawsuit

June 09, 2008

Tenth Circuit Finds No Pretext In Hospital's Assertion That Disruptive Physician's Privileges Should Be Terminated

June 02, 2008

Prohibition on Union Buttons May Violate National Labor Relations Act

May 29, 2008

Media

Media Quotes

May 23, 2017 - SHRM Online - "7 Manager Mistakes with Costly Consequences"
May 08, 2017 - Bloomberg BNA - "It’s All About Respect: Civility in the Workplace"
April 27, 2017 - Bloomberg BNA - "Workplace Political Tensions Persist in Trump's First 100 Days"

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