Admitted to Practice | Oregon | | Washington | | U.S. District Court District of Oregon | | U.S. District Court Western District of Washington | | U.S. District Court Eastern District of Washington | | U.S. Court of Appeals 9th Circuit | | U.S. Supreme Court |
| Carol Bernick has more than 20 years of experience representing employers in complex employment cases, including numerous wage and hour class actions. She has significant jury trial experience in state and federal courts. Carol also counsels and trains employers in preventive employment practices, including ADA and wage compliance; leave, discipline and termination policies; and sexual harassment.
Carol is a frequent speaker on harassment, FMLA, investigations, manager training and EEO compliance. Selected Experience 2008 Obtained summary judgment in claims alleging workers' compensation retaliation, disability and FMLA retaliation. Judgment for our client on all claims. Legacy Health System 2008 Successfully represented health system before the Oregon Supreme Court in action seeking wages and penalties for allegedly missed rest and meal periods under Oregon law. U.S. Bank 2007 Successfully obtained ruling of class action decertification, preventing class action treatment in wage and hour case. Addus Healthcare, Inc. 2007 Defeated plaintiff's motion for class certification against health care services company involving alleged violations of Washington and Oregon wage and hour laws (3,000-plus putative class members) for denied meal breaks and rest periods, unpaid overtime and unpaid wages; summary judgment dismissal of multiple claims brought by plaintiff. 2007 Achieved defense verdict in jury trial alleging quid pro quo sexual harassment. ISITE Design 2006 Represented client in a "bet the company" complex commercial matter. Jury returned a verdict for our client on all counter-claims against plaintiff and on all but one claim resulting in a net-positive judgment in client's favor. Pacific Northwest Renal Care Group 2006 Defended against eight claims of disability discrimination, family leave retaliation, sexual harassment and sex discrimination and wrongful discharge. The Court granted summary judgment as to all claims. The case is currently pending on appeal before the 9th Circuit. Tosco Corporation (Conoco-Phillips) 2004 Represented Tosco (Conoco-Phillips) in an eight-day jury trial alleging ADA discrimination, wrongful discharge, and retaliation. The jury returned a defense verdict on all claims. The 9th Circuit affirmed. Bank of America 2001 Defended against bank executive who alleged race discrimination, retaliation and wrongful discharge against the most senior bank officers in Charlotte, N.C., and San Francisco. The court granted summary judgment for Bank of America on all claims. U.S. Bank 2000 Represented client in class action alleging misclassification seeking additional overtime and penalties after nationwide settlement between bank and Department of Labor. Summary judgment granted. Additional Qualifications Professional and Community Activities
- Board of Directors, Multnomah Bar Association
- American Bar Association
- Oregon Women Lawyers (OWLS)
- Oregon Minority Lawyers Association (OMLA)
- Bar Counsel, Disciplinary Board of the Oregon State Bar, 2001-2006
- Chair, Judicial Screening Committee, Multnomah Bar Association, 2004-2005
- Pro bono representation of nonprofits such as Artists Repertory Theatre, Housing Development Council, Mercy Corps, Planned Parenthood Columbia Willamette, and Stand for Children
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Professional Recognition
- Named as one of "America's Leading Lawyers for Business" by Chambers USA, 2003-2009
- Named as one of the "Best Lawyers in America" in Labor and Employment Law by Woodward/White, 2006-present; named in Commercial Litigation, 2010
- Selected to "Oregon Super Lawyers" as one of the Top 50 Lawyers in Oregon, Law & Politics, 2008-present
- Selected to "Oregon Super Lawyers" as one of the Top 25 Women Lawyers in Oregon, Law & Politics, 2006-present
- Joyce Ann Harpole Award for an Oregon attorney who exemplifies a commitment to justice while balancing career, family and community involvement, 2006
- Exceptional Women in Business Award, Portland Business Journal, 2003
- Margaret Sanger Award, 2002
- Willard J. Wright Award for Outstanding Civic Performance, 1999
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Education J.D., University of Virginia School of Law, 1989 B.A., History, Roanoke College, 1985, magna cum laude | |