Beth Odian defends employers in the manufacturing, banking, retail, healthcare and service industries, as well as municipalities and non-profits, in employment litigation matters involving discrimination, harassment, wrongful termination and retaliation under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family Medical Leave Act (FMLA), the Wisconsin Fair Employment Act (WFEA) and other state and federal anti-discrimination and whistleblower laws. She also defends state and federal wage and hour claims, unreasonable refusal to rehire claims under the Wisconsin Worker's Compensation Act, and other actions brought by employees such as breach of contract, defamation, and the like.
In addition to litigation matters, Beth advises clients on FMLA and disability leave, accommodations and the interactive process, terminations, discipline, drug testing, OSHA complaints, employer policies and handbooks, employment agreements, non-competes, and other employment matters.
Beth also defends claims arising from consumer statutes such as the Fair Debt Collection Practices Act (FDCPA) and Wisconsin Consumer Act, as well as commercial disputes involving breach of contract and fraud, and insurance coverage issues on behalf of insurers. She also handles appeals in administrative, state and federal court.
Beth represents clients before the Forest County Potawatomi Tribal Court, which was established by the General Council pursuant to the Tribe's constitution in 1994. The Court hears civil disputes between tribe members, as well as disputes arising on tribal lands between the general public and the tribe or its members. She represents her clients' interests before the Court in business-related disputes.
Prior to joining Hinshaw as an associate, Beth served as a law clerk to the Honorable Patricia Gorence and the Honorable William Callahan, both in the U.S. District Court, Eastern District of Wisconsin.
While in law school, Beth worked with Hinshaw as both a law clerk and a summer associate. In addition, she served in a number of judicial clerkships and internships. She interned for the Honorable Shirley Abrahamson, Chief Justice of the Wisconsin Supreme Court and the Honorable Lynn S. Adelman, U.S. District Court, Eastern District of Wisconsin. She also held an externship at Nike, Inc.
Prior to her legal career, Beth worked at Global BPO Services, Corp. in Boston. She was also a certified paralegal, legal assistant, and Human Resources Assistant with Abiomed, Inc.—a manufacturer of medical and implant devices, including the Impella® heart pump AbioCor® artificial heart— in Danvers, Massachusetts.
- Sex Discrimination and Retaliation: Shared responsibility for preparation and administrative trial of a case alleging the plaintiff's employer unfairly disciplined the plaintiff because of her sex and later terminated her employment because of her sex and in retaliation for filing a charge of discrimination. Plaintiff's final demand was in excess of $500,000. The ALJ found in favor of the defense on all claims.
- Age Discrimination: Obtained summary judgment in favor of an employer who terminated the oldest worker in his job classification, for legitimate non-discriminatory reasons, as part of a reduction in force.
- Employment Contract/Wage & Hour: Successfully appealed a decision from the Wisconsin Labor & Industry Review Commission, which held the employer failed to pay bonuses due under an employment contract.
- Sex Discrimination and Sex-Based Harassment: Obtained summary judgment in a case alleging the employee's manager harassed her because she of her sex on grounds that she could not prove she was treated differently than male employees.
- Obtained summary judgment, which was upheld on appeal, in a series of actions alleging a form collection letter's validation language was misleading.
- Obtained summary judgment, which was upheld on appeal to the Wisconsin Court of Appeals, in an insurance coverage action involving application of a CGL policy's fungi or bacteria exclusion.
- Obtained summary judgment, which was upheld on appeal to the Wisconsin Supreme Court, in an insurance coverage action involving the question of whether incorporation of a defective ingredient constituted property damage caused by an occurrence under a CGL Policy.
- "The Labor & Employment Year in Review," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2016
Beth serves as Editor of Hinshaw's Labor and Employment blog, Employment Law Observer.
- Wisconsin Supreme Court Mints New Test for Determining Discriminatory Intent in Disability Cases
- Experience Caps Run Afoul of ADEA’s Disparate Impact Provision, and Outside Applicants May Sue Thereunder Rules 7th Circuit
- 6th Circuit First Appellate Court to Declare Transgender or Transitioning Status Discrimination is Sex Discrimination Under Title VII
- Wisconsin Employers: Do Your Job Postings Run Afoul of the Wisconsin Fair Employment Act’s Prohibition Against Conviction Record Discrimination?
- Hinshaw Employment Webinar Series: Employer-Assisted Student Loan Repayment Programs
- Temporary Employees in Wisconsin Now Able to Bring Tort Suits for Work Injuries Despite Worker's Compensation Act's Exclusive Remedy Provision
- DOL Says Hello to Primary Beneficiary Intern Test, Goodbye to 6-Factor Test
- Seventh Circuit Holds a Multi-Month Leave is Not a Reasonable Accommodation
- Wisconsin Court of Appeals Green Lights Right-to-Work Law
- EEOC Sues Illinois Employer for Refusing to Provide Disabled Employee Additional Leave
- Wisconsin Appellate Court Holds Management Policy Does Not Negate At-Will Employment Relationship
- Evans Vows to Take Sexual Orientation Discrimination Case to the U.S. Supreme Court
- Wisconsin Eliminates Permitting Requirements for 16- and 17-Year-Old Workers
- Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance
- DOL Challenges Injury and Accident Reporting Policy Under OSHA’s Anti-Retaliation Rule
- Texas Court Declines to Enjoin OSHA's Anti-Retaliation Rules Elizabeth A. Odian, Aimee E. Delaney
- Calling All Employers: Webinar Discussing OSHA's Final Rule on Reporting Workplace Injury and Illness Data
- SCOTUS Aligns Application of Statute of Limitations in Constructive Discharge and Actual Discharge Cases
- Where Do I Pee? “The Bathroom Corresponding to Your Gender Identity Says the EEOC
- Knock-Knock, Who’s There? The EEOC: When the EEOC’s can Investigate an Employer’s Premises Without Prior Consent
Employment Law Observer
- June 2, 2016
- May 3, 2016
- April 4, 2016
- February 2, 2016
- January 5, 2016
- October 9, 2013Insurance Coverage Alert
While at the University of Massachusetts, Beth was a 2-year captain of the women's varsity soccer team. She enjoyed a short stint playing semi-professionally before moving to Wisconsin for law school. Beth retired from her soccer career in 2012 after undergoing her 4th knee surgery, and traded in her cleats for a road bike and yoga mat. In her remaining spare time, Beth enjoys reading, traveling, playing with her dogs, downhill skiing and cheering on her favorite Boston sports teams.
Beth currently volunteers as a "buddy" with the Miracle League of Milwaukee, a baseball league allowing special-needs children to play organized baseball regardless of ability. Beth also volunteers with Hunger Task Force and participates in the Scenic Shore 150, a 150-mile bike ride raising money for blood cancer research. Beth's past volunteer activities include:
- The Honduras Project, helped build two homes for families in Tegucigalpa, Honduras, Volunteer
- Special Needs Unit, Bangkok, Thailand, Volunteer
- University of Massachusetts at Lowell's first Campus 5K Run, Organizer, Marketer and Manager
J.D., cum laude, Marquette University Law School, 2011
- Associate Editor, Marquette Law Review
B.S., magna cum laude, Business Administration, University of Massachusetts at Lowell, 2005
- Beta Gamma Sigma
- Forest County Potawatomi Community Tribal Court
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Western District of Wisconsin