Mark A. McNitzky

Associate || San Antonio

Mr. McNitzky currently focuses his practice on the defense of various employment law litigation matters at trial and in private arbitration proceedings, including cases alleging violations of Title VII of the Civil Rights Act of 1964, the Texas Commission on Human Rights Act (Chapter 21 of the Texas Labor Code), the Americans With Disabilities Act, the Americans With Disabilities Act, As Amended, the Age Discrimination in Employment Act, Chapter 451 of the Texas Labor Code (workers’ compensation retaliation cases), and the Employee Retirement Income Security Act (ERISA).  He also frequently defends charges of discrimination brought before the Equal Employment Opportunity Commission and the Texas Workforce Commission – Civil Rights Division at the administrative level, including representing clients during the course of EEOC onsite investigations and witness interviews.  In addition, Mr. McNitzky regularly counsels clients on a wide array of employment issues such as employee discipline, hiring, and termination, unemployment compensation, and compliance with federal leave, wage and hour, and anti-discrimination laws.

Prior to joining Ogletree Deakins, Mr. McNitzky spent three years working at a civil defense litigation firm in the Rio Grande Valley (McAllen, Texas) handling a wide range of matters in various areas, including, but not limited to, banking law, bankruptcy law, commercial litigation/collections, and business/fiduciary litigation.  He is originally from the San Antonio, Texas area.  He enjoys such hobbies as running, cross-training, reading, following Texas Rangers baseball, and spending quality time with wife Vanessa and son Grayson.

Learn more about Mark A. McNitzky
  • Obtained summary judgment in the United States District Court for the Southern District of Texas in March 2014 in favor of multi-national manufacturing company in suit brought by former employee alleging a failure to accommodate, disability discrimination and retaliation in violation of the Americans With Disabilities Act and the Americans With Disabilities Act, As Amended.
  • Successfully represented limited liability company defendant in a breach of contract case tried to a jury in State District Court in Cameron County, Texas in September of 2011.
  • Represented and defended businesses and individuals throughout the Rio Grande Valley and South Texas, including large financial institutions and oil and gas companies.
  • Represented various creditor financial institutions in bankruptcy proceedings and collection matters in state and federal courts throughout South Texas.
  • Represented and defended multiple Fortune 500 companies in employment discrimination cases in state and federal courts throughout Central and South Texas.

Education

  • J.D., Texas Tech University School of Law, 2008
  • B.B.A., cum laude, Texas Tech University, 2005

Admittance to Practice

  • Texas
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of Texas

Professional Activities

  • San Antonio Bar Association
  • San Antonio Young Lawyers Association
  • Texas Young Lawyers Association
  • American Bar Association (Labor and Employment Law section)
  • Phi Delta Phi
  • Catholic Charities of San Antonio
  • San Antonio Manufacturers Association
  • San Antonio Hotel and Lodging Association
  • Rotary Club of San Antonio – Co-Chair, New Member Announcement Committee

Speeches

  • Rio Grande Valley Society for Human Resource Management Annual Conference (Co-Presenter) - "The Invisible Workforce: Managing Leave Entitlements to Get Employees Back to Work (or on Their Way)" - Mission - September 28, 2017
  • Ogletree Deakins Briefing (Co-Presenter) - "Headline News: The Latest Employment Law Developments" - Laredo - October 12, 2016
  • Sterling Services Seminar - "2015-2016 Case Law and Legislative Review" - San Antonio - April 6, 2016
  • Sterling Services Seminar - "Implementing the Affordable Care Act in 2016 and Beyond" - San Antonio - April 6, 2016
  • San Antonio Breakfast Briefing Presentation (Co-Presenter) - "Employment Law Update" - San Antonio - September 17, 2015
  • San Antonio Hotel & Lodging Association Seminar - "Employment Law Update" - San Antonio - April 28, 2015
  • Lutheran Services of America Seminar - "New Issues Regarding FLSA White-Collar Exemptions and the Pregnancy Discrimination Act" - San Antonio - April 21, 2015
  • South Texas Seminars - "Employment Law Update: Hot Topics in 2015" - Corpus Christi, McAllen - April 16 - 17, 2015
  • San Antonio Toy Drive Presentation (Co-Presenter) - "The Most Influential Labor and Employment Cases of 2014" - San Antonio - December 11, 2014
  • South Texas Seminars - "Employment Law Update: Issues on the Horizon" - Corpus Christi, McAllen, Laredo - April 10 - 17, 2014
  • Sterling Services Seminar - "Termination Best Practices" - San Antonio - April 2, 2014
  • March 2015 - ABA Section of Labor and Employment Law, Committee on Federal Labor Standards Legislation, Subcommittee on the Family and Medical Leave Act Publication (Contributing Author) - "2015 Midwinter Meeting Report of 2014 FMLA Cases"
  • May 2014 - American Chamber of Commerce Resources, LLC Publication (Co-Author) - "Texas Human Resources Manual Guide to Texas and Federal Employment Laws and Regulations for 2014"
  • March 2014 - ABA Section of Labor and Employment Law, Committee on Federal Labor Standards Legislation, Subcommittee on the Family and Medical Leave Act Publication (Contributing Author) - "2014 Midwinter Meeting Report of 2013 FMLA Cases"
  • March 2014 - Ogletree Deakins Publication (Co-Author) - "Employment Law Update (White Paper)"
  • May 2013 - American Chamber of Commerce Resources, LLC Publication (Co-Author) - "Texas Human Resources Manual Guide to Texas and Federal Employment Laws and Regulations for 2013"
  • March 2013 - Ogletree Deakins Publication (Co-Author) - "Employment Law Update"
  • May 2012 - American Chamber of Commerce Resources, LLC Publication (Co-Author) - "Texas Human Resources Manual Guide to Texas and Federal Employment Laws and Regulations for 2012"
  • Top Lawyer – Employment Law Defense, San Antonio Scene Magazine (2015)

Insights by Mark A. McNitzky