Tiffany Stacy

Office Managing Shareholder | San Antonio

Tiffany is Board Certified by the Texas Board of Legal Specialization. She represents local to international employers of all sizes and across a variety of industries, dividing her time between advice and counsel on personnel matters and the defense of employment law claims before administrative agencies and in federal and state court. Tiffany strives to develop a close, productive relationship with her clients, so they feel comfortable in regularly consulting with her to minimize the risk of future litigation. But, when litigation ensues, Tiffany quickly assumes the role of a skilled advocate, working in collaboration with her clients to ensure the best possible and most cost effective outcome that aligns with her clients’ directives and business needs. She recognizes the importance of understanding her clients’ businesses, their needs, and their risks as fundamental to their effective working relationship and positive outcomes. Tiffany also prides herself in providing prompt, responsive feedback and guidance, recognizing the time constraints under which her clients are operating and striving to make their jobs a little less stressful.

Tiffany is capable and has the experience necessary to defend employers against claims of workplace discrimination, harassment, retaliation, whistleblower violations, leave violations, and wage and hour claims arising under state and federal law. Tiffany regularly counsels clients on compliance with Title VII of the Civil Rights Act of 1964, as amended, the Family and Medical Leave Act, the Families First Coronavirus Response Act (including the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act), the Americans with Disabilities Act, the Fair Labor Standards Act, and other statutes enforced by state and federal agencies as well as on other issues arising in the human resources context. Tiffany also reviews and drafts employee handbooks and other policies and procedures, employment and independent contractor agreements, non-competition, non-solicitation, and non-disclosure agreements, and executive agreements.

More About Tiffany Stacy

Experience

Obtained dismissal with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6) for the plaintiff’s failure to state a claim under the Texas and U.S. Constitution, the Genetic Information Nondiscrimination Act (“GINA”), and Title VII and the Texas Labor Code for purported religious discrimination, for the company’s rescinding of job offer when the plaintiff failed to comply with COVID-19 vaccination mandate based on the plaintiff’s “factually frivolous belief that the COVID-19 vaccine ‘contains fetal cells.’” Koepke v. ITC Service Group, No. 5:23-cv-00552-XR (W.D. Tex. Feb. 2024)
Obtained summary judgment in favor of employer on claims of age and gender discrimination made by former long-term employee related to her termination of employment. Dittmar v. 3M, No. 6:21-cv-00043 (N.D. Tex. Nov. 2022)
Obtained summary judgment in favor of hospital on claim of national origin discrimination brought by physician who previously worked at the hospital pursuant to independent contractor agreement. Whitefield v. Tenet Healthcare Corp., No. 3:21-cv-00039 (W.D. Tex. Nov. 2022)
Obtained summary judgment in favor of staffing company employer against claims brought by two former employees, one of whom alleged discrimination and harassment based on race, national origin, and sex, and retaliation, and the other of whom alleged sexual harassment, retaliation, and constructive discharge. Arredondo v. Schlumberger Ltd., 583 F. Supp. 3d 783 (W.D. Tex. 2022), aff’d sub nom. Arredondo v. Elwood Staffing Servs., Inc., No. 22-50502, 2023 WL 5490254 (5th Cir. Aug. 25, 2023)
Obtained summary judgment in favor of defendant on claims of age and gender discrimination and retaliation made by former long-term employee related to his termination of employment. Palomo v. Flowers Baking Co. of San Antonio, No. CV SA-20-CA-102-FB, 2021 WL 3469999, at *1 (W.D. Tex. June 30, 2021), aff’d sub nom. Palomo v. Flowers Baking Co. of San Antonio, L.L.C., No. 21-50706, 2022 WL 2302031 (5th Cir. June 27, 2022)
Obtained summary judgment in favor of defendant hospital on physician’s claims of hostile work environment, discrimination (termination) based on race and/or sex, and retaliation under Title VII on the basis that the physician was an independent contractor and the hospital not his employer and also on the physician’s claim under § 1981 for race discrimination on the basis that there was no contractual agreement between the physician and the hospital. Perry v. Pediatric Inpatient Critical Care Servs., P.A., No. SA-18-CV-404-XR, 2020 WL 1248263, at *1 (W.D. Tex. Mar. 16, 2020), aff’d sub nom. Perry v. VHS San Antonio Partners, L.L.C., 990 F.3d 918 (5th Cir. 2021), cert. denied sub nom. PERRY, MELVIN G. v. VHS SAN ANTONIO PARTNERS, L.L.C., No. 21-172, 2021 WL 5434409 (U.S. Nov. 22, 2021)
Obtained summary judgment in favor of employer on former employee’s Title VII claims due to the sex discrimination claim being time-barred and due to the former employee’s failure to exhaust administrative remedies as to her retaliation claim. Easley v. Regional Finance Corp. of Texas, Civil Action No. 6:14-cv-00181-RWS (E.D. Tex. Feb. 5, 2018)
Obtained summary judgment in favor of employer on former employee’s claims of age, race, and national origin discrimination, harassment, and retaliation in alleged violation of Title VII and the ADEA. Gonzales v. Wells Fargo, Case No. 5:16-cv-00039-DAE (W.D. Tex. Oct. 19, 2017), aff’d, 733 F. App’x 795 (5th Cir. May 16, 2018) (per curiam)
Obtained summary judgment in favor of employer on former employee’s claims of age and disability discrimination and FMLA interference and retaliation related to his alleged failure to receive a promotion or pay raise and related to his alleged constructive discharge. Drechsel v. Liberty Mut. Ins. Co., No. 3:14-CV-162-KS-BN, 2016 WL 6139097 (N.D. Tex. Oct. 20, 2016), aff’d, No. 16-11651 (5th Cir. Aug. 17, 2017) (per curiam)
Obtained summary judgment in the Western District of Texas in favor of employer in suit brought by former employee alleging race discrimination under Title VII and 42 U.S.C. § 1981. See Ratliff v. Advisors Asset Mgmt., Inc., No. 5:14-CV-00153, 2015 WL 7313428, (W.D. Tex. Nov. 19, 2015), aff’d, 660 F. App’x 290 (5th Cir. 2016). aff’d sub nom. Michael D. Ratilff, Plaintiff – Appellant v. Advisors Asset Management, Inc., Defendant – Appellee, No. 15-51159, 2016 WL 4978371 (5^th Cir. Sept. 16, 2016) (per curiam)
Obtained dismissal of former employee’s retaliation claims under Texas Occupations Code §§ 301.4025(c) and 301.413(b) on the basis of applicable 180-day statute of limitations period. See Finney v. VHS San Antonio Partners, LLC, No. 5:14-CV-00840-XR, 2015 WL 4637696, at *2 (W.D. Tex. Aug. 3, 2015)
Successfully defended former employee in Bexar County district court against former employer’s application for a temporary injunction for alleged breach of covenant not to compete and non-solicitation agreement
Obtained summary judgment in the Western District of Texas in favor of an employer on claims of hostile work environment, sex discrimination, and retaliation. Traci Aguinaga v. Communities in Schools of San Antonio, Inc., Civil Action No. SA-10-CA-306-H (W.D. Tex. Oct. 14, 2011)
Successfully defended former employee in state district court against former employer’s application for a temporary injunction for alleged breach of covenant not to compete
Obtained summary judgment in the Western District of Texas in favor of an employer on a claim for denial of short-term disability benefits under ERISA. Mary Calhoun v. JPMorgan Chase and Co., Civil Action No. SA-10-CV-1026-XR (W.D. Tex. July 19, 2011)
Obtained summary judgments in the Northern and Southern Districts of Texas and the District of Arizona for national credit reporting agency in suits brought by consumers alleging violations of the FCRA. See Baker v. Trans Union LLC Slip Copy, 2009 WL 4042909 (D.Ariz., Nov. 19, 2009); McDonald v. Equifax, Inc. Slip Copy, 2009 WL 2835753 (N.D.Tex., Sept. 2009)
Obtained summary judgment in the Southern District of Texas in favor of employer in suit brought by former employee alleging sex discrimination and retaliation under Title VII and TCHRA. See Matthews v. GEICO Slip Copy, 2010 WL 1644713 (S.D.Tex., Apr. 23, 2010)
Obtained summary judgment in state district court in favor of an employee on the unenforceability of a covenant not to compete and later obtained jury verdict in favor of employee awarding all attorneys’ fees incurred in prosecution of declaratory action
Obtained summary judgment in the Northern District of Texas in favor of employer in suit brought by former employee alleging age discrimination under the ADEA and TCHRA. See McMartin v. OfficeMax Inc. Slip Copy, 2009 WL 2340941 (N.D.Tex. July 27, 2009)
Obtained temporary restraining order and agreed injunction in state district court against former employee for breach of non-solicitation agreement

Education & Admission

Professional Activities

Speeches

Corporate Labor and Employment Counsel Exclusive – “The EEOC’s New Harassment Guidance: What In-House Counsel Need to Know” – Amelia Island – November 14, 2024
20th Annual Texas Labor and Employment Law Update – “Tricky Leave and Accommodation Requests: Key Scenarios to Show the Way” – Austin – November 8, 2024
San Antonio SHRM 18th Annual Employment Law Conference – “EEOC’s Final Guidance on the Pregnant Workers Fairness Act: What Employers Need to Know” – San Antonio – September 5, 2024
Association of Corporate Counsel – “EEOC’s Final Guidance on the Pregnant Workers Fairness Act and Updated Guidance on Workplace Harassment” – San Antonio, Texas – June 4, 2024
Ogletree Deakins Webinar – “The Pregnant Workers Fairness Act: FAQs for Employers” – June 3, 2024
Ogletree Deakins Briefing – “The EEOC’s Updated Guidance on Harassment in the Workplace: What Employers Need to Know” – McAllen, Texas – May 16, 2024
Ogletree Deakins Webinar – “The EEOC’s Updated Guidance on Harassment in the Workplace: What Employers Need to Know” – May 16, 2024
Ogletree Deakins Webinar – “Supreme Court Relaxes Title VII Job Transfer Standard: What Employers Need to Know” – May 14, 2024
Ogletree Deakins Webinar – “Extra! Extra! Hear All About It: The EEOC Releases Updated Guidance on Harassment in the Workplace” – Washington, D.C. – May 2, 2024
Workplace Strategies Seminar – “Extra! Extra! Hear All About It: The EEOC Releases Updated Guidance on Harassment in the Workplace” – Washington, D.C. – May 2, 2024
Workplace Strategies Seminar – “Tempest in a Teapot: When Workplace Investigations Uncover Potential Crimes” – Washington, D.C. – May 2, 2024
Ogletree Deakins Webinar – “The Pregnant Workers Fairness Act and the EEOC’s Final Regulations” – April 23, 2024
19th Annual Texas Labor and Employment Law Update – “Leave Me Be! Managing Employee Requests for Leave and Accommodations” – Austin – November 3, 2023
American Public Power Association Business & Finance Conference – “The Good, The Bad, and The Law in Between” – September 19, 2023
SHRM RGV 2023 Annual Conference – “Leave Me Be! Managing Employee Requests for Leave and Accommodations” – McAllen – September 14, 2023
Brazos Valley SHRM – “Navigating Difficult ADA and FMLA Scenarios: Leave, Accommodation, or Both?” – College Station – September 13, 2023
2023 Pathways to Hope – “Beyond Broken Bones: Mental Health Issues at Work” – San Antonio – August 25, 2023
Ogletree Deakins Podcast – “Workplace Strategies Watercooler 2023: Managing the Multigenerational Workforce” – June 5, 2023
Workplace Strategies Seminar – “Many Generations Under One Roof: Managing the Multigenerational Workforce” – San Diego – May 11, 2023
Ogletree Deakins Webinar – “Violence in the Workplace: Preventive Measures for Employers in Tragic Times” – April 19, 2023
Association of Corporate Counsel – “Tidal Wave of Change for Employers: NLRB’s Attack on Severance Agreements, the Pregnant Workers Fairness Act, and the Pump Act” – San Antonio, Texas – April 4, 2023
Ogletree Deakins Briefing – “Show Me the Money – Everything You Need to Know About Pay Equity and Transparency” – McAllen – March 23, 2023
Brazos Valley SHRM – “Navigating Difficult ADA and FMLA Scenarios: Leave, Accommodation, or Both?” – College Station – March 2, 2023
Ogletree Deakins Briefing – “Show Me the Money – Everything You Need to Know about Pay Equity and Pay Transparency” – San Antonio – March 1, 2023
San Antonio Human Resource Management Association – “When Cupid’s Arrow Targets the Workplace” – San Antonio – February 14, 2023
Ogletree Deakins 18th Annual Texas Labor and Employment Law Update – “The Top Workplace Investigation Mistakes and How to Avoid Them” – Austin – November 11, 2022
SHRM RGV 2022 Annual Conference – “Making Things Worse: 7 Common Mistakes That Ruin Investigations” – McAllen – October 26, 2022
Corporate Labor and Employment Counsel Exclusive – “The Art of Winning “Make-or-Break” 30(b)(6) Depositions” – Colorado Springs – September 22, 2022
Association of Corporate Counsel – South/Central TX – “Employment Law Happenings Having Nothing to do with COVID-19” – San Antonio – June 2022
Workplace Strategies Seminar – “When Cupid’s Arrow Targets the Workplace” – Phoenix – May 5, 2022
Ogletree Deakins Briefing – “Remote Work Accommodation Requests & Avoiding Abuse” – San Antonio – March 2022
Corporate Labor and Employment Counsel Exclusive – “Avoiding Investigation and Leave Snafus With Temporary Workforces” – Amelia Island – November 11, 2021
Ogletree Deakins Briefing – “All Things COVID-19” – San Antonio – November 2021
Association of Corporate Counsel – South/Central TX – “Employment Law in the Time of COVID” – San Antonio – October 2021
Ogletree Deakins Podcast – “In The Breakroom With Bill, Episode 1: Lessons From the Cuomo Report” – August 12, 2021
Workplace Strategies Seminar – “Tricky Timing: Navigating the Best Leave of Absence Practices to Avoid Retaliation Claims” – Austin – June 24, 2021
Bulverde Spring Branch Chamber of Commerce Power Lunch – “Getting Back to Business: Strategies for Response to Post-Pandemic Employment Law Issues” – June 16, 2021
2020 Virtual Annual SHRM RGV Conference – “The Latest COVID-19 Developments for Employers” – September 22, 2020
Ogletree Deakins Webinar – “Returning High-Risk Employees to Work: Answers to More Frequently Asked Questions” – August 4, 2020
The Texas Association of Defense Counsel Summer Seminar 2020 – “Employment Law Considerations in the World of COVID-19” – July 16, 2020
Ogletree Deakins Webinar – “Returning High-Risk Employees to Work: Answers to Frequently Asked Questions” – July 10, 2020
Ogletree Deakins Webinar – “Returning High-Risk Employees to Work: Key Challenges and Best Practices” – June 18, 2020
San Antonio Human Resource Management Association Monthly Membership Virtual Meeting – “Return to Work Guidance” – May 19, 2020
Seguin Economic Development Cooperation – “Return to Work Guidance” – May 5, 2020
Ogletree Deakins 17th Annual Texas Labor and Employment Law Update – “Sick Leave Ordinances: What Texas Employers Need To Know To Comply With New Local Laws” – Austin – October 18, 2019
2019 Texas Total Rewards Conference – “Wage and Hour Update – What You Need to Know in 2019” – San Antonio – August 6, 2019
Ogletree Deakins Podcast – “FAQs on Paid Sick Leave in Dallas and San Antonio” – July 22, 2019
Coastal Bend Society for Human Resource Management – “Bundles of Joy: Parenting, Pregnancy, and the Workplace” – Corpus Christi – July 18, 2019
Ogletree Deakins Webinar – “Update for Dallas and San Antonio Employers: Prepare Now for Paid Sick Leave” – July 16, 2019
San Antonio Human Resource Management Association – “Planning for Paid Sick Leave: What Employers Need To Know To Ensure Compliance with San Antonio’s PSL Ordinance” – San Antonio – July 9, 2019
San Antonio Human Resource Management Association – “Employment Law 101” – San Antonio – June 11, 2019
Ogletree Deakins Workplace Strategies Seminar – “Bundles of Joy: Parenting, Pregnancy, and the Workplace” – Las Vegas – May 2, 2019
Ogletree Deakins Briefing – “Headline News: An Employment Law Update” – McAllen – April 2019
Ogletree Deakins Advanced Workshop Series – “Workplace Investigations” – San Antonio – March 2019
Ogletree Deakins Briefing – “Headline News: An Employment Law Update” – San Antonio – February 2019
Ogletree Deakins 16th Annual Texas Labor and Employment Law Update – “When Employees Return From Leave, The Journey For HR Continues” – Austin – November 2018
Ogletree Deakins Workplace Strategies Seminar – “Disaster Preparedness and Crisis Management: An Employer’s Checklist” – Phoenix – May 10, 2018
Ogletree Deakins Briefing – “Full and Fair Investigation of Sexual Harassment Claims in the #MeToo Era” – McAllen and Laredo – April 2018
Texas A&M University – San Antonio Spring Learning Event – “#METOO | #TIMESUP – Implications & Imperatives for the Workplace” – San Antonio – April 2018
2018 South Texas Human Resources Symposium – “Avoiding Documentation Drama: Strategies for Managing and Improving Performance Documentation” – San Antonio – February 2018
National Golf Course Owners Association 2018 Golf Business Conference – “‘The Weinstein Effect’ – What Employers Can Expect In The New Era Of Sexual Harassment Awareness” – San Antonio – February 2018
Ogletree Deakins Briefing – “Full and Fair Investigation of Sexual Harassment Claims in the #MeToo Era” – San Antonio – February 2018
Ogletree Deakins 15th Annual Labor and Employment Law Update – “Responding to Multi-Agency Investigations” – Austin – October 2017
Coastal Bend Society for Human Resource Management HR Conference and Labor Law Symposium – “Managing Millennials and Combining the Generations for a Productive Workforce” – Corpus Christi – September 2017
Rio Grande Valley Society for Human Resource Management Annual Conference – “Managing Millennials and Combining the Generations for a Productive Workforce” – Mission – September 2017
Ogletree Deakins Briefing – “Fraud and Abuse, Fitness for Duty, and Accommodations: Practical Approaches to the FMLA and ADA” – Corpus Christi and McAllen – April 2017
Ogletree Deakins Briefing – “Fraud and Abuse, Fitness for Duty, and Accommodations: Practical Approaches to the FMLA and ADA” – San Antonio – March 2017
2017 South Texas Human Resources Symposium – “Private Eyes – Conducting Workplace Investigations” – San Antonio – February 2017
2016 Laredo Association for Human Resources Management Employment Law Conference – “Private Eyes – Conducting Workplace Investigations” – Laredo – October 2016
Ogletree Deakins 14th Annual Labor and Employment Law Update – “The ‘411’ on Part 541: Preparing for the New Overtime Regulations” – Austin – October 2016
Coastal Bend Society for Human Resource Management 2016 Annual Labor Law Symposium – “I am Cait – Transgender Issues in the Spotlight in 2016” – Corpus Christi – September 22, 2016
Rio Grande Valley Society for Human Resource Management – “I am Cait – Transgender Issues in the Spotlight in 2016” – Mission – September 22, 2016
Rio Grande Valley Society for Human Resource Management – “I am Cait – Transgender Issues in the Spotlight in 2016” – Mission – September 22, 2016
Rio Grande Valley Society for Human Resource Management – “I am Cait – Transgender Issues in the Spotlight in 2016” – Mission – September 22, 2016
Coastal Bend Society for Human Resource Management – “The Latest on Employee Background Checks” – Corpus Christi – June 2016
Ogletree Deakins Briefing – “Private Eyes – Conducting Workplace Investigations” – Corpus Christi and McAllen – June 2016
Ogletree Deakins Briefing – “Headline News” – San Antonio – April 2016
Laredo Association for Human Resources Management – “Navigating the Termination Process: It’s Never Easy, But It’s Manageable” – Laredo – March 2016
Ogletree Deakins Briefing – “2016: Starting the New Year Off Right!” – San Antonio – December 2015
2015 Laredo Association for Human Resources Management Employment Law Conference – “Employee Handbooks: Top 10 Traps for the Unwary” – Laredo – October 2015
Ogletree Deakins 13th Annual Labor and Employment Law Update – “Headline News: The Latest Labor and Employment Law Developments” – Austin – October 2015
2015 Coastal Bend Human Resources Management Association Labor Law Symposium – “Employee Handbooks: Top 10 Traps for the Unwary” – Corpus Christi – September 2015
Ogletree Deakins Briefing – “Employee Handbooks: Top 10 Traps for the Unwary” – San Antonio – September 2015
Ogletree Deakins Briefing – “Navigating the Termination Process: It’s Never Easy, But It Is Manageable” – Corpus Christi and McAllen – April 2015
2015 South Texas Human Resources Symposium – “Navigating the Termination Process: It’s Never Easy, But It Is Manageable” – San Antonio – January 16, 2015
12th Annual Labor and Employment Law Update – “Under the Microscope: Will Your Employee Handbook Survive Legal Scrutiny?” – Austin – November 7, 2014
2014 Laredo Association for Human Resources Management Strategic Planning & Legislative Seminar – “Bundles of Joy – Pregnancy and Postpartum Issues in the Workplace” – Laredo – October 15, 2014
2014 Coastal Bend Human Resources Management Association Employment Law Symposium – “Bundles of Joy – Pregnancy and Postpartum Issues in the Workplace” – Corpus Christi – September 18, 2014
2014 San Antonio Human Resources Management Association Employment Law Conference – “Retaliation Litigation: Why Revenge Is a Dish Best Not Served At All” – San Antonio – September 3, 2014
11th Annual Labor and Employment Law Update – “To Tweet or Not to Tweet: The Ups and Downs of Addressing Social Media in the Workplace” – Austin – October 11, 2013
2013 Laredo Association for Human Resources Management Legislative Update: HR Guide for the Next Frontier – “How to Keep the EEOC Happy and Avoid Hiring an Axe Murderer: Best Practices for Background Checks” – Laredo – October 9, 2013
2013 Concho Valley SHRM Employment Law Seminar – “You’re Not the Boss of Me: Regulating Employee Conduct” – San Angelo – September 12, 2013
2013 San Antonio Human Resources Management Association Employment Law Conference – “The Girl With the Doggone Tattoo – Regulating Employee Conduct On and Off the Job” – San Antonio – September 4, 2013
Ogletree Deakins Briefing – “Affordable Care Act 101” – McAllen – April 12, 2013
Ogletree Deakins Briefing – “Affordable Care Act 101” – Corpus Christi – April 11, 2013
Ogletree Deakins Briefing – “Affordable Care Act 101” – Laredo – April 4, 2013
2012 SAHRMA Employment Law Conference – “Background Checks in 2012: How to Strike the Right Balance Between Not Hiring an Axe Murderer, Not Becoming Big Brother, and Not Running Afoul of the EEOC” – San Antonio – August 29, 2012
Texas Association for Home Care & Hospice Annual Statewide Conference – “Hiring Practices and Background Checks in 2012: How to Strike the Right Balance Between Not Hiring an Axe Murderer, Not Becoming Big Brother, and Not Running Afoul of the EEOC” – Galveston – August 15, 2012
Ogletree Deakins Briefing – “When is Enough, Enough? How to Handle Medical Leave Issues” – Corpus Christi and McAllen – April 12 – 13, 2012
Texas Association for Home Care & Hospice Regional Conference – “Employment and Labor Law: What You Need to Know” – McAllen – September 14, 2011
2011 SAHRMA and SAMA Employment Law Conference – “When is Enough, Enough? Dealing with Leaves and Accommodations” – San Antonio – August 25, 2011
Ogletree Deakins Briefing – “The Changing Face Of Discrimination Law” – Corpus Christi and McAllen – June 21 – 22, 2011
Ogletree Deakins Briefing – “The Changing Face Of Discrimination Law” – San Antonio – April 8, 2011