Barbara A. Brainard

Experience

Barbara Brainard is a partner in the Labor and Employment section of the Litigation practice group. Barbara represents private and public employers in all aspects of employment law, including class actions, wrongful discharge, discrimination, sexual harassment, retaliation, Sarbanes-Oxley and OSHA whistleblower charges, Office of Federal Contract Compliance Programs systemic cases and affirmative action compliance reviews, and administrative proceedings before the Equal Employment Opportunity Commission, Oregon Bureau of Labor and Industries, and Washington Labor and Industries Department of Labor wage/hour compliance agencies.

Barbara's clients include Fortune 500 manufacturing companies, retailers, technology companies, forest products companies, construction and supply defense contractors and subcontractors, hospital and health care institutions, agricultural companies and educational institutions. Barbara employs a pro-active and business-oriented approach to reducing or eliminating her clients' risk of employment litigation. In each case, Barbara begins with a careful exploration of her client's business objectives, and her strategies emphasize preventative counseling, early settlement and mediation planning.

Previously, Barbara was a Special Assistant Attorney General and lead trial counsel at SAIF Corporation (1980-1987).

Professional Honors & Activities

• Listed in Best Lawyers in America® (currently: Employment Law-Management), 2013
• Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Labor & Employment), 2006 ("Outstanding consulting skills . . . personable nature and thorough, flexible and professional approach"), 2009 ("Clients acknowledge 'her great presence at hearings where she's always well prepared and respected'"), 2010 ("Sources consider her 'a hardworking attorney who dispenses sound advice'"), 2011 ("She really works with the client and helps to guide them towards good solutions"), 2012 (is renowned for doing "good, steady work and having a calm, reasonable presence")
• 20 year AV Preeminent Peer Review Rated with Martindale-Hubbell®, the highest rating in the legal profession for legal ability and ethics
• Member, American Bar Association
• Member, Oregon State Bar Association
• Member, Multnomah Bar Association
• Member, Oregon Association of Defense Counsel
• Former national board member, Federal Bar Association Labor and Employment Section
• Former board member, Oregon State Bar Disability Law Section
• Former board member, Multnomah Bar Association Professionalism Committee
• Adjunct Faculty Member, Portland State University Professional Development Center, Manufacturing 21 Coalition – Advanced EEO Law
• Chair, Oregon and Southwest Washington Industry Liaison Group, a consortium of local federal contractors
• Pro bono counsel for two nonprofit organizations

Presentations

For 29 years, Barbara has served as a frequent local and national lecturer on employment law issues at national client retreats, professional seminars, academic symposia and college and university classes. Recent examples include:

• "Responding to Agency Complaints," 10th Annual Labor and Employment Law Conference, SHRM Oregon State Council, Mar. 8, 2012
• "The Bermuda Triangle: ADA, FMLA, Workers Compensation," Stoel Rives LLP, July 7, 2011
• "Emerging Legal Issues; Stimulus Bill: COBRA, HIPAA and Whistleblower Provisions," The Seminar Group, Sept. 17, 2009
• "The Bermuda Triangle ADA/FMLA/Workers' Compensation," Stoel Rives LLP, Aug. 13, 2009
• "New FMLA Military Leave," National Industry Liaison Group, Apr. 17, 2009
• "New Provisions to the ADA," SHRM, Mar. 4, 2009
• "Rekindling the ADA: Don't Get Burned by Changes to the Law," Stoel Rives LLP, Dec. 8, 2008
• "OFCCP Regulations—Do You Need to Be a Statistician?," Stoel Rives LLP, Apr. 17, 2008
• "Oregon Employment Law Legislative Update," Stoel Rives LLP, Sept. 7, 2007
• "Immigration Enforcement Update," SHRM, Oct. 11, 2006
• "Religion and the Workplace," SHRM, Mar. 14, 2006
• "Using Tests and Other Assessments for Hiring," National Industry Liaison Group, Oct. 20, 2005

Civic Activities

• Board of Directors, Resource Media (Secretary, Audit Committee Chair and Management Committee Member)
• Board of Directors, Oregon Volunteers of America
• Chair, Oregon Alumni Admissions Committee, Middlebury College, Middlebury, Vermont

Publications

• Coauthored various articles for The Oregon Labor Letter, Jan. & Aug. 2000
• "Reasonable Accommodation Under the ADA-Labor/Management Responsibilities" (coauthor), Labor Education & Research Center, University of Oregon, 1993

Education

• Willamette University College of Law, J.D., 1980
  Honors Moot Court Board
• Rutgers University, B.A., 1976, with high honors
• Middlebury College
  Dean's List
• Wheaton College
  Dean's List

Admissions

• Oregon
• Washington
• U.S. District Court for the District of Oregon

Print to Word