People: Gerald L. Pauling, II, Partner

Photo of Gerald L. Pauling, II, Partner

Gerald L. Pauling, II

Partner

Chicago
Direct: (312) 460-5561
Fax: (312) 460-7561
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Mr. Pauling is a partner whose practice focuses on employment litigation and labor and employee relations.  He has represented employers in a wide variety of state and federal employment matters, including complex discrimination litigation and class actions, employment contracts, harassment claims, and claims brought under Title VII, the ADEA, the ADA, and various other state and federal statutes.  He also provides advice, training and counseling to clients regarding employment policies and practices and diversity issues.  Mr. Pauling co-chairs the firm's National Diversity Action Team and chairs the firm’s Chicago Office Hiring Committee.

Mr. Pauling’s achievements as an accomplished litigator and trial lawyer—whose court room advocacy includes numerous jury trial wins, summary judgments and “no money” settlements—have been broadly recognized.  He was inducted as a Fellow of the College of Labor and Employment Lawyers in 2013, and also is a Fellow of Leadership Greater Chicago.  Mr. Pauling has consistently been named as an “Illinois Super Lawyer” in the area of Labor & Employment (2009-2013). Chicago United, one of Chicago's preeminent organizations devoted to business, leadership and diversity, selected Mr. Pauling as a “2011 Business Leader of Color,” and Diversity MBA Magazine has recognized him as one of the “Top 100 Diverse Executive & Emerging Leaders Under 50.”  Mr. Pauling also has been featured in Diversity & The Bar magazine as a “Cutting Edge Labor and Employment Practitioner.”

Prior to joining Seyfarth Shaw, Mr. Pauling served as a clerk at the City of Chicago Law Department and an extern with the Honorable Terry J. Hatter, Jr., federal judge of the United States District Court for the Central District of California in Los Angeles.

Mr. Pauling is a partner whose practice focuses on employment litigation and labor and employee relations.  He has represented employers in a wide variety of state and federal employment matters, including complex discrimination litigation and class actions, employment contracts, harassment claims, and claims brought under Title VII, the ADEA, the ADA, and various other state and federal statutes.  He also provides advice, training and counseling to clients regarding employment policies and practices and diversity issues.  Mr. Pauling co-chairs the firm's National Diversity Action Team and chairs the firm’s Chicago Office Hiring Committee.

Mr. Pauling’s achievements as an accomplished litigator and trial lawyer—whose court room advocacy includes numerous jury trial wins, summary judgments and “no money” settlements—have been broadly recognized.  He was inducted as a Fellow of the College of Labor and Employment Lawyers in 2013, and also is a Fellow of Leadership Greater Chicago.  Mr. Pauling has consistently been named as an “Illinois Super Lawyer” in the area of Labor & Employment (2009-2013). Chicago United, one of Chicago's preeminent organizations devoted to business, leadership and diversity, selected Mr. Pauling as a “2011 Business Leader of Color,” and Diversity MBA Magazine has recognized him as one of the “Top 100 Diverse Executive & Emerging Leaders Under 50.”  Mr. Pauling also has been featured in Diversity & The Bar magazine as a “Cutting Edge Labor and Employment Practitioner.”

Prior to joining Seyfarth Shaw, Mr. Pauling served as a clerk at the City of Chicago Law Department and an extern with the Honorable Terry J. Hatter, Jr., federal judge of the United States District Court for the Central District of California in Los Angeles.

Education

  • J.D., University of California, Los Angeles, School of Law (1992)
    Winner, UCLA Moot Court Competition (1990-91) UCLA National Team, National Moot Court Tournament (1991-92) UCLA Moot Court Executive Board of Justices (1991-92) National Black Law Journal, Business Managing Editor (1990-91) Black Law Students Association, Treasurer (1990-91) Teaching Assistant, Legal Research and Writing (1990-91)
  • B.S., University of Illinois (1989)
    College of Commerce

Admissions

  • Illinois

Courts

  • U.S. Court of Appeals for the District of Columbia, Sixth, Seventh, and Eleventh Circuits
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Michigan

The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and no certificate, award or recognition is a requirement to practice law in Illinois.

Affiliations

  • Member, American Bar Foundation’s Legal Diversity Steering Committee
  • Employer Vice Chair, American Bar Association’s CLE National Programs Committee
  • Member, Cook County Bar Association
  • Advisory Board Member, National Association for African Americans in Human Resources
  • Board Director, Great Lakes Bank
  • Board of Education Member, Homewood Flossmoor High School
  • Board Chair, Teen Living Programs
  • Advisory Board Member, The John Marshall Law School Center for Tax Law and Employee Benefits
  • Board Member, Jackson Park Hospital Foundation
  • Board of Deacons, Christ Temple Community Baptist Church

Representative Engagements

Employment litigation matters:

  • Abumheimid v. LSG Sky Chefs (U.S. District Court / Eastern District of Michigan) (lead attorney in 12-plaintiff race/national origin/religious discrimination and harassment action (federal)—achieved summary judgment as to all plaintiffs’ termination claims; reached favorable settlement of plaintiffs’ harassment claims)
  • Bacon v. Greyhound (U.S. District Court / Eastern District of Missouri) (defense summary judgment disposing of federal disability discrimination claims)
  • Betts et al. v. Costco (U.S. District Court / Eastern District of Michigan) (lead attorney in 6-plaintiff race discrimination action obtained defense verdicts as to 3 plaintiffs after five-week jury trial; then obtained reversal on appeal of jury awards made to remaining 3 plaintiffs)
  • Blakely v. Lucent (U.S. District Court / Northern District of Illinois) (voluntary dismissal, after plaintiff’s deposition, of federal race and ERISA discrimination claims)
  • Brogan v. Lucent (U.S. District Court / Northern District of Illinois) (defense verdict in three-day federal jury trial involving breach of employment contract claims)
  • Cottrell v. Costco (U.S. District Court / District of Minnesota) (defense verdict in a five-day federal jury trial involving sexual harassment and retaliation claims)
  • Griffin et al. v. Deere & Co. (U.S. District Court / Central District of Illinois) (co-lead attorney in sex discrimination and harassment class action—reached favorable settlement of claims against corporate defendant  prior to class certification)
  • Harris v. Sodexho (U.S. District Court / Northern District of Illinois) (dismissal with prejudice of federal disability discrimination claims)
  • Jefferson v. United (U.S. District Court / Northern District of Indiana)(defense summary judgment disposing of federal race discrimination and harassment claims)
  • Johnson, et al. v. Astra Merck (co-defense counsel in federal race and sex discrimination class action—successfully opposed motion for class certification and reached favorable settlement on behalf of corporate defendant)
  • Johnson, et al. v. Snapple Beverage Corp., No. 09–CV-03417 (U.S. District Court / Northern District of Illinois) (lead defense counsel in several-plaintiff Section 1981 action alleging race harassment—reached favorable settlement as to all plaintiffs’ claims following declaration campaign).
  • Jones, et al. v. National Council of Young Men’s Christian Associations of the United States of America, et. al., No. 09-CV-06437 (U.S. District Court / Northern District of Illinois) (lead defense counsel in race discrimination class action under Section 1981, Title VII, and Illinois Human Rights Act).
  • Jones v. Gannett (U.S. District Court / Northern District of Illinois) (defense summary judgment disposing of federal retaliation and harassment claims)
  • Maier v. Lucent  (U.S. District Court / Northern District of Illinois) (favorable jury award in five-day federal jury trial of breach of employment contract claims)
  • Murray, et al. v. Snapple Beverage Corp., No. 09-CV-07803 (U.S. District Court / Northern District of Illinois) (lead defense counsel in eight-plaintiff Section 1981 action alleging race harassment, discrimination, and retaliation)
  • Murphy v. Royal Crown (U.S. District Court / Northern District of Illinois) (dismissal of federal race discrimination claims)
  • Nettles et al. v. LSG Sky Chefs et al.(U.S. District Court / Southern District of Florida) (lead attorney in federal district court federal race discrimination “pattern and practice” action brought by Company’s highest ranking African-American executive—achieved summary judgment in favor of corporate defendant)
  • Rodgers v. Greyhound  (U.S. District Court / District of Nebraska) (defense verdict in one-day federal bench trial involving race discrimination claims)
  • Spencer v. AT&T  (U.S. District Court / Northern District of Illinois) (defense summary judgment disposing of federal age, sex and race discrimination claims)

Labor relations matters:

  • Allied Waste Industries d/b/a American Disposal Services (company victory (union withdrew petition) in representation proceeding involving Teamsters union)
  • Allied Waste Industries d/b/a BFI-Quincy (company victory in representation election involving Operating Engineers union)
  • Allied Waste Industries d/b/a Central Waste Services (chief negotiator for contract negotiations with Teamsters union)
  • Jackson Park Hospital (negotiator for contract negotiations with Teamsters union)
  • Jay Foods (company victories in representation elections involving Teamster union)
  • Kiewit Materials Co. d/b/a Black Butte Coal (company victory in representation election involving Boilermakers union)
  • Kiewit Materials Co. d/b/a Black Butte Coal (company victory in representation election involving Steelworkers union)
  • Kiewit Materials Co. d/b/a Fort Calhoun Stone (company victory in representation election involving Operating Engineers union)
  • Kiewit Materials Co. d/b/a Walnut Creek Mining (company victory (union withdrew petition) in representation proceeding involving International Brotherhood of Electrical Workers)
  • Mercy Hospital and Medical Center (chief negotiator for contract negotiations with Teamsters union)
  • Teamsters/Bloxton v. Mercy Hospital (arbitration award upholding discharge of a long-term union employee)
  • Teamsters/Harding v. Mercy Hospital (arbitration award upholding discharge of long-term union employee)
  • Teamsters/Malecki v. Jackson Park Hospital (arbitration award upholding discharge of long-term union employee)
  • The University of Chicago Medical Center (successfully defended against efforts by Illinois Nurses Association to expand the bargaining unit; organizational campaign by Illinois Nurses Association; provide strategic advice and counsel regarding corporate campaign by rival union)
  • Unite/Fernandez v. C-Line Products (arbitration award for Employer in contract interpretation case)

Presentations

  • Presenter, National Bar Association, Corporate Leadership Forum, “Employment Law Land Mines” (2013)
  • Presenter, Seyfarth Shaw Seminar, “Key Cutting-Edge Developments in Complex Employment Discrimination Litigation” (2013)
  • Presenter and Moderator, Black Women Lawyers' Association of Greater Chicago, "Employment Law Updates: Employment Law in the Current Economy" (2011)
  • Presenter, Illinois Institute for Continuing Legal Education, "Conducting Employee Disciplinary Investigations" (2011)
  • Presenter, National Association of African Americans in Human Resources (NAAAHR), “Employment Law Trends” (2009)
  • Instructor, Defense Research Institute, “Caregiver/Family Responsibilities Discrimination” (2008)
  • Presenter, American Bar Association Developing Labor Law Committee Mid-Winter Meeting, “Allied Mechanical Services, Inc:  If Multiple Unions Merge Without an Employee Vote, Should the Successor Union Succeed to the Bargaining Rights of Its Predecessors?” (2005)
  • Instructor, Illinois Institute for Continuing Legal Education, “Workplace Investigations” (2004)
  • Presenter, American Bar Association Annual Meeting, “How Clean A Slate? The Ups and Downs, Ins and Outs, Truths and Myths of Resolving Ancillary Issues to a Labor Dispute” (2004)
  • Presenter, American Bar Association Developing Labor Law Committee Mid-Winter Meeting “The Implications of Crown Cork & Seal Co. For Employee Involvement Committees” (2002)

Publications

  • Co-Author, “Paradigm Shifts: Changes In The Structure And Diversity Of Corporate Law Firms,” The Metropolitan Corporate Counsel, Inc. (2005)
  • Co-Author, “Allied Mechanical Services, Inc:  If Multiple Unions Merge Without an Employee Vote, Should the Successor Union Succeed to the Bargaining Rights of Its Predecessors?” American Bar Association (2005)
  • Co-Author, “Leadership Buy-in and a Business Case -  The Building Blocks for Diversity in Big Firms,” Corporate Counsel (2004)
  • Co-Author, “How Clean A Slate? The Ups and Downs, Ins and Outs, Truths and Myths of Resolving Ancillary Issues to a Labor Dispute,” American Bar Association (2004)
  • Co-Author, “The Implications of Crown Co.:  What Constitutes ‘Dealing With’ Under the NLRA Since Electromation Inc.?” The Labor Lawyer (ABA Publication) (2002) 

Accolades

  • Fellow, College of Labor and Employment Lawyers
  • Fellow, Leadership Greater Chicago
  • Chicago United 2011 Chicago “Business Leader of Color”
  • Diversity MBA Magazine 2010 “Top 100 Diverse Executive & Emerging Leaders Under 50”
  • “Illinois Super Lawyer” in the area of Labor & Employment (2009-2013)
  • Law Bulletin Publishing Company “40 Under Forty to Watch” in Illinois