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OVERVIEW

Janilyn Brouwer Daub
Partner

South Bend, Elkhart

700 1st Source Bank Center
100 North Michigan
South Bend, IN 46601-1632
52700 Independence Court
Suite 150
Elkhart, IN 46514-8155

P 574-237-1139

F 574-237-1125

OVERVIEW

Janilyn Brouwer Daub
Partner

South Bend, Elkhart

700 1st Source Bank Center
100 North Michigan
South Bend, IN 46601-1632
52700 Independence Court
Suite 150
Elkhart, IN 46514-8155

P 574-237-1139

F 574-237-1125

Janilyn Daub defends employers in labor and employment litigation in federal and state courts, as well as before various governmental agencies, such as the OFCCP, EEOC and NLRB. She is dedicated to helping her clients with the legal issues that arise when managing a workforce, navigating them through the challenges they face while seeking to mitigate future problems and liability.

OVERVIEW

Janilyn Brouwer Daub Partner

South Bend

Elkhart

700 1st Source Bank Center
100 North Michigan
South Bend, IN 46601-1632
52700 Independence Court
Suite 150
Elkhart, IN 46514-8155

P : 574-237-1139

Janilyn Daub defends employers in labor and employment litigation in federal and state courts, as well as before various governmental agencies, such as the OFCCP, EEOC and NLRB. She is dedicated to helping her clients with the legal issues that arise when managing a workforce, navigating them through the challenges they face while seeking to mitigate future problems and liability.

With a practice that is national in scope, Janilyn frequently advises clients on issues related to affirmative action plans, including plan preparation and defense of Office of Federal Contract Compliance Programs (OFCCP) audits, as well as conducting compensation analyses. Janilyn offers extensive experience helping clients prepare employee handbooks and policies and advising them on issues such as the Family and Medical Leave Act, the Americans with Disabilities Act, wage and hour laws, and in preventing and dealing with harassment. She frequently provides training sessions to clients and presents seminars on these topics.

Janilyn is at her best when partnering with clients to address, manage and overcome their organizational “people problems” by providing tangible solutions that actually make a difference.

Notably, Janilyn also represents educational institutions, including clients involved in higher education and K-12. She works with colleges, universities and other educational facilities to comply with Title IX issues related to race, gender and the like, as well as assists them through and beyond student challenges such as myriad disability accommodation matters. She also advocates her client’s position before the Department of Education’s Office for Civil Rights, helps create and implement policies and procedures specific to educational institutions, and addresses Family Educational Rights and Privacy Act (FERPA) issues that protect the confidentiality of student records.

Simply, Janilyn is valued for her ability to render consistently valued advice and practical solutions to the employee-related challenges her clients face daily. She is appreciated for her straightforward approach to problem-solving and for her genuine commitment to meeting each client’s needs in a pragmatic and business oriented manner. A dutiful liaison and trusted adviser, clients and colleagues alike know they can count on Janilyn to render proactive, productive and actionable counsel that actually solves their problems and positions them favorably going forward.

Janilyn frequently presents on employment law topics at Society for Human Resource Management (SHRM) and Michiana Human Resource Association (MHRA) events.

Professional and Community Involvement

Member, Indiana State Bar Association Employment and Labor Law Section

Member, State Bar of Michigan Labor and Employment Law Section

Member, St. Joseph County Bar Association.

Member, Society for Human Resource Management (SHRM)

Board member, Michiana Human Resource Association (MHRA)

Class alumni representative, Hope College.

Board and governance committee member, Oaklawn

Governance committee member and former board member, United Federal Credit Union

Honors

The Best Lawyers in America, employment law-management and litigation-labor and employment, 2018 and 2019

YWCA of St. Joseph County, Tribute to Women

EXPERIENCE
  • A cross-office team of firm attorneys successfully helped obtain dismissal with prejudice in the case of Oberloh v. City of Mishawaka, Indiana et al, 3:12-cv-174 (N.D. Ind.), which involved claims that the city violated Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by failing to remedy more than 1,000 alleged barriers to access at city facilities and then purportedly retaliating against plaintiff and his wife after plaintiff complained about the alleged barriers. Plaintiff sought $20 million in damages. On Feb. 21, 2014, Judge James T. Moody adopted the report and recommendation of Magistrate Judge Christopher A. Nuechterlein dated Jan. 14, 2014 and dismissed the case as a sanction for plaintiff's "bad faith, deception and misconduct" during discovery in the case. Defendants sought dismissal as a sanction for plaintiff's ongoing and escalating misconduct during discovery, which necessitated defendants filing multiple discovery motions. Prior to dismissal, the firm also obtained monetary sanctions against plaintiff for his discovery misconduct.
  • A non-profit health care organization sought Barnes & Thornburg LLP's assistance after an adverse finding by the government as part of an affirmative action audit. With the firm's assistance, the client successfully negotiated a conciliation agreement with the government. The audit has now been concluded with no further adverse findings.
  • Barnes & Thornburg assisted this client with an OFCCP compliance review. This was a difficult audit due to recordkeeping issues. Ultimately, we were able to help the client successfully close this audit.
  • Barnes & Thornburg attorneys represented Rosalind Franklin University of Medicine and Science (RFUMS) obtaining a dismissal of a lawsuit brought by a graduate of the RFUMS podiatry school. The plaintiff graduated from the school with a Doctorate of Podiatric Medicine, but was unable to obtain a postgraduate residency, which most states require for licensure. Because the plaintiff was unable to obtain this prerequisite for licensure, he sued RFUMS alleging fraud, negligent misrepresentation and fraudulent concealment. Following one round of amendments, the court granted the firm's motion to dismiss with prejudice. The plaintiff had not properly alleged any misrepresentation or concealment by RFUMS and was unable to show that RFUMS had a duty to provide him with a postgraduate residency.
  • Barnes & Thornburg LLP has provided general advice relating to affirmative action plans for a health care assessment company.
  • Barnes & Thornburg presented training to this client’s in-house legal and HR staff on affirmative action compliance. The firm has since assisted the client with defending a number of affirmative action compliance evaluations for the company’s various subsidiaries.
  • Defended and closed two affirmative action audits for one of the nation's largest accounting and consulting firms. The organization has 25 facilities with 2,400 personnel and serves clients worldwide in more than 400 cities.
  • Successfully defended an affirmative action audit on behalf of a central Indiana not-for-profit. The Department of Labor's OFCCP division conducted an audit of the not-for-profit's affirmative action programs based upon the not-for-profit's status as a federal government contractor. Janilyn was brought in mid-audit at the point OFCCP was threatening to issue a number of violations against the central Indiana not-for-profit. Janilyn was able to help persuade OFCCP to allow the not-for-profit to completely restructure and resubmit its affirmative action program to OFCCP during the audit. As part of the audit, the government also issued an initial finding that some of the not-for-profit’s pay practices were discriminatory. Through use of multiple regression analysis, Janilyn was able to establish that the alleged pay disparities were based upon legitimate, non-discriminatory factors. The OFCCP closed the not-for-profit’s audit with a finding of no violations.
  • The firm assisted a national non-profit social services agency in successfully defending a federal government affirmative action audit. The audit was closed with no findings of violations.
  • The firm was retained to provide advice to this client’s in-house counsel on affirmative action matters. We are currently defending an affirmative action audit by the federal government, on behalf of the client.
  • This client engaged our firm after an adverse finding by the federal government in an affirmative action audit. We assisted the client in negotiating a conciliation agreement with the federal government. Pursuant to that agreement, periodic reports were required. We have guided the client through that process and the audit has now been successfully closed.
INSIGHTS & EVENTS
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