People: Michael D. Fleischer, Associate

Photo of Michael D. Fleischer, Associate

Michael D. Fleischer

Associate

Boston
Direct: (617) 946-8325
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Michael Fleischer is a senior associate in the Labor & Employment Department of Seyfarth Shaw’s Boston office. Mr. Fleischer, a member of the firm’s Complex Discrimination Litigation Practice Group, and the firm’s ADA Title III specialty practice team, defends employers throughout the country in multi-plaintiff and class actions, single-plaintiff litigation, and provides preventative counseling on a range of employment issues. He has represented employers in a variety of industries including retail, financial services, technology, healthcare, hospitality, manufacturing, staffing, and professional services. Mr. Fleischer has successfully obtained dismissals and summary judgment rulings before state and federal courts, and state and federal administrative agencies, in cases involving discrimination, harassment, and retaliation (under Title VII, the ADEA, the ADA, the FMLA, USERRA, and related state laws, including M.G.L. 151B).

As a member of the firm’s Complex Discrimination Litigation group, Mr. Fleischer focuses a significant share of his practice defending employers in high-profile systemic cases, including EEOC representative and pattern-or-practice cases, and has successfully litigated claims involving race, sex, national origin, age, and disability discrimination, sexual harassment, and retaliation.

He has also successfully defended numerous clients against disability access claims brought under Title III of the ADA and various state non-discrimination and public accommodation statutes.  Mr. Fleischer counsels clients on issues ranging from architectural barriers to cutting edge digital accessibility- including accessible websites and mobile applications, and serves as a contributor to Seyfarth’s ADA Title III News & Insights Blog.

Michael Fleischer is a senior associate in the Labor & Employment Department of Seyfarth Shaw’s Boston office. Mr. Fleischer, a member of the firm’s Complex Discrimination Litigation Practice Group, and the firm’s ADA Title III specialty practice team, defends employers throughout the country in multi-plaintiff and class actions, single-plaintiff litigation, and provides preventative counseling on a range of employment issues. He has represented employers in a variety of industries including retail, financial services, technology, healthcare, hospitality, manufacturing, staffing, and professional services. Mr. Fleischer has successfully obtained dismissals and summary judgment rulings before state and federal courts, and state and federal administrative agencies, in cases involving discrimination, harassment, and retaliation (under Title VII, the ADEA, the ADA, the FMLA, USERRA, and related state laws, including M.G.L. 151B).

As a member of the firm’s Complex Discrimination Litigation group, Mr. Fleischer focuses a significant share of his practice defending employers in high-profile systemic cases, including EEOC representative and pattern-or-practice cases, and has successfully litigated claims involving race, sex, national origin, age, and disability discrimination, sexual harassment, and retaliation.

He has also successfully defended numerous clients against disability access claims brought under Title III of the ADA and various state non-discrimination and public accommodation statutes.  Mr. Fleischer counsels clients on issues ranging from architectural barriers to cutting edge digital accessibility- including accessible websites and mobile applications, and serves as a contributor to Seyfarth’s ADA Title III News & Insights Blog.

Education

  • J.D., University of California, Hastings College of the Law, cum laude (2009)
    Supervising Editor, Hastings International and Comparative Law Review
    Hastings Moot Court Team
    Teaching Assistant, 1L Moot Court

  • B.A., University of Pennsylvania, cum laude (2003)

Admissions

  • Massachusetts

Courts

  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Connecticut

Pro Bono/Community Involvement

  • Massachusetts Advocates for Children (Board of Directors)
  • Victim Rights Law Center (Legal Advocate)
  • Special Education Surrogate Parent Program (Legal Advocate)
  • Boston Bar Association

Representative Engagements

Representative Complex Discrimination Litigation

  • Leading restaurant company (U.S.D.C. - D.Mass.) (successful resolution of EEOC nation-wide pattern or practice case alleging hiring discrimination based on age)
  • Leading retail company (U.S.D.C. - W.D.N.Y.) (successful resolution of EEOC nation-wide pattern or practice case alleging gender discrimination in administration of pay and promotions)
  • Leading retail company (AAA Arbitration) (U.S.D.C. - S.D.N.Y.) (class arbitration alleging claims of systemic gender discrimination in administration of pay and promotions).
  • Leading financial services company (U.S.D.C. - D. Colo.) (multiple-plaintiff and EEOC case alleging systemic age, gender, and national origin discrimination, hostile work environment, and retaliation).
  • Leading staffing company (U.S.D.C. - N.D. Ala.) (EEOC case alleging systemic disability and national origin discrimination)
  • Leading restaurant company (U.S.D.C. - S.D. Fla.) (EEOC nation-wide pattern or practice case alleging hiring discrimination based on age)
  • Leading transportation company (U.S.D.C. - W.D. Pa.) (EEOC case alleging systemic disability discrimination)

Representative Disability Access Litigation- DOJ Investigations, Private Suits, and Settlements

  • Leading technology company (Massachusetts Commission Against Discrimination) (successful resolution of multi-plaintiff and national advocacy group litigation involving claims brought under Title III of the ADA and Massachusetts state law regarding accessibility of mobile apps)
  • Leading healthcare software company (Massachusetts Superior Court) (single plaintiff litigation involving claims brought under Massachusetts anti-discrimination and equal rights statues regarding software and mobile app accessibility)
  • Leading hotel company (DOJ Investigation) (secured no action closure of an investigation into the ADA Title III compliance of a luxury Maine hotel)
  • Leading hotel company (Massachusetts Commission Against Discrimination) (dismissal of Massachusetts public accommodations claim involving access to a Boston fine dining hotel restaurant)
  • Leading restaurant company (U.S.D.C. - D. Mass.) (successful resolution of alleged violations of Title III of the ADA involving access to a Boston fine dining restaurant)
  • Leading hotel company (U.S.D.C. - D. Mass.) (successful resolution of alleged violations of Title III of the ADA involving access to a luxury Boston hotel)
  • Leading hotel company (U.S.D.C. - D. Mass.) (successful resolution of alleged violations of Title III of the ADA involving access to a luxury Boston hotel)
  • Leading hotel company (U.S.D.C. - D. Mass.) (successful resolution of alleged violations of Title III of the ADA involving access to a luxury Boston hotel)

Representative Single Plaintiff Litigation

  • Leading laboratory services company (Massachusetts Superior Court) (summary judgment granted on race, color, national origin discrimination and retaliation claims.
  • Leading retail company (U.S.D.C. - D. Conn.) (summary judgment granted on workers’ compensation discrimination claim)
  • Leading technology company (Massachusetts Superior Court) (dismissal of national origin discrimination and harassment claims)
  • Leading retail company (Massachusetts District Court) (defense verdict on disability benefits claim)
  • Leading telecommunications company (U.S.D.C. - D. Mass.) (summary judgment on intentional infliction of emotional distress, negligent infliction of emotional distress, trespass, and respondeat superior claims)

Presentations

  • “Employment Law Basics Course for New HR Professionals," New England Human Resources Association (2013–Present)
  • Co-Presenter, “ADA Title III- Effective Communication & Reasonable Modification Obligations, Enforcement & Compliance,” Client Presentation (June 2017)
  • Co-Lecturer, “Wearable Technology in the Workplace- Legal Concerns,” Suffolk University Law School (January 2014)

Publications

  • Quarterly Co-Author, “Employer Commentary,” Massachusetts Discrimination Law Reporter, Landlaw Legal Publishers (2010-present)
  • “Wheels For Wheelchairs: Massachusetts Mandates Accessible Ride-Sharing,” ADA Title III News & Insights Blog, Seyfarth Shaw LLP (September 7, 2016)
  • Co-Author, “What’s Good For The Goose …Court Turns Table On EEOC In Subpoena Ruling,” Workplace Class Action Blog, Seyfarth Shaw LLP (March 19, 2014)
  • “YELP!- Another Website/Mobile App Launches Allowing Individuals To Rate a Business’s Accessibility to Customers with Disabilities,”  ADA Title III News & Insights Blog, Seyfarth Shaw LLP (December 12, 2013)
  • Co-Author, “Does Your Company Do Business in Ontario? New Ontarian Website Accessibility Regulations May Apply To You,” ADA Title III News & Insights Blog, Seyfarth Shaw LLP (November 12, 2013)
  • Chapter Co-Author, “Employment Law,” ABA Annual Review of Developments in Business and Corporate Litigation (2013)