Mark has litigated, mediated and arbitrated literally hundreds of cases arising under both state and federal discrimination laws, including Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act and Title I of the Americans with Disabilities Act. Mark’s practice extends beyond traditional employment discrimination law and into wage and hour actions under the Fair Labor Standards Act (both individual and collective) and the Family and Medical Leave Act. Mark has also been called upon to mediate and arbitrate employment cases for race discrimination under the original Civil Rights Acts, specifically 42 U.S.C. Sections 1981 and 1982.
Employment law also extends into areas of workplace torts and contracts, and Mark’s ADR practice includes these areas as well. These cases may include claims for retaliation and whistle-blowing under state and federal statutes, as well as other common law issues such as defamation, invasion of privacy, and outrageous conduct in the employment setting. Other frequent employment-related cases involve contract disputes over non-competition/non-solicitation agreements, executive compensation agreements, and business reorganizations.
As both an advocate and now mediator and arbitrator, Mark has extensive experience in the negotiation, administration and arbitration of collective bargaining agreements. He formerly negotiated these agreements and now mediates and arbitrates grievances over discipline, discharge and contract interpretation. While serving as Director of the Tennessee Labor-Management Center, Mark developed a grievance mediation program and also designed the mediation program for employees of Tennessee state government. Mark’s experience in the resolution of labor disputes extends to multi-employer pension plans and public sector interest arbitration as well.
Mark’s ADR practice also includes non-employment civil rights cases arising under Section 1983 of the Civil Rights Act of 1871, the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act of 1990, Title III of the Americans with Disabilities Act, and Title IX of the Education Amendments Act of 1972.