Maurice Wexler

Email This Page  Print This Page Print PDF
Senior Counsel
First Tennessee Building
165 Madison Avenue
Suite 2000
Memphis, Tennessee 38103
T: 901.577.2272
F: 901.577.0788

Maurice Wexler, senior counsel in the Memphis office, concentrates his practice in litigation.  He has experience in labor and employment and general corporate law, representing employers in a broad variety of issues relating to labor and employment.  Mr. Wexler has counseling and litigation experience in the areas of employment discrimination, Title VII, ADA, ADEA, FMLA; statistical cases; class actions; employment policies; wage/hour cases; drugs, alcohol and AIDS-related issues; unemployment compensation; arbitration; labor negotiations; federal executive order 11246; compliance reviews; charge handling; develop affirmative action plans; NLRB and DFR cases; mediation and arbitration. He also serves as a diversity and inclusion trainer for the Firm.

Representative Matters

  • Counsel to national corporation in responding to investigation by Office of Special Counsel, U. S. Department of Justice, of alleged immigration-related unfair employment practices, successfully negotiating resolution favorable to corporation (2013).
  • Successfully represented large local facility in resolving wage and hour investigation by the U.S. Department of Labor 2011-2012 and related litigation.
  • Obtained summary judgment for U. S. division of international corporation against state claims of retaliation and disability discrimination from U. S. District Court, Western District of Tennessee, 2010.
  • Won landmark decision in U. S. Court of Appeals, Sixth Circuit, against donning and doffing FLSA claims in nationwide class action, 2010.
  • Successfully obtained summary judgment for major U.S. airlines in failure to fairly represent case, U. S. District court, Western District of Tennessee.
  • Successfully defended and obtained summary judgment against federal claims of employment discrimination for two separate television stations owned by separate major American television networks, one of which was affirmed on appeal to U.S. Sixth Circuit Court of Appeals, the other not appealed.
  • Successfully defended and obtained summary judgment for major American corporation against claim of violation of federal Family Medical Leave Act.
  • For major American corporation, successfully negotiated resolution of substantial sex harassment claims brought by federal agency against a major American corporation in U. S. District court, Western District of Tennessee.
  • Represented to conclusion major American corporation against federal claim of sex harassment and intentional infliction of emotional distress involving complex psychological and economic issues.
  • Successfully represented to resolution significant foreign corporation with American business operations in resolving Commissioner’s charge of discrimination by EEOC. Involved complex employee selection and testing issues.
  • Obtained summary judgment as co-counsel of major American corporation against collective action brought pursuant to Fair Labor Standards Act, USDC,WD,TN, 2008.
  • Obtained summary judgment as co-counsel of major American corporation against nationwide collective action brought pursuant to Fair Labor Standards Act, USDC,WD,TN, 2009.
  • Regularly and successfully represented employers in connection with union organizational efforts.
  • Represented major paper company in arbitral forum regarding work assignment claims brought by labor organization under collective bargaining agreement.
  • Successfully represented employer in connection with decertification of labor organization under National Labor Relations Act.
  • Obtained summary judgment for large American corporation against multiple claims of employment discrimination, U. S. District Court; Western District of Tennessee.
  • Represented national bank in defending against across-the-board class-wide challenge by federal agency claiming employment discrimination in recruiting, hiring, assignment and promotion. Included sophisticated statistical proofs and electronic discovery issues. Successfully negotiated resolution of all claims.

Publications & Speaking Engagements

  • Co-planner – "Remembering the Civil Rights Act of 1964," celebrating the re-opening of the National Civil Rights museum, Memphis, Tennessee, following multi-million dollar renovation (February 2014)
  • Speaker – "Implicit Bias: Digging Deeper," ABA Labor and Employment Section, National Conference, New Orleans, Louisiana (November 2013)
  • Panelist – "Implicit Bias," Federal Bar Association webinar (August 7, 2013)
  • Panelist – "50 Years of the Equal Pay Act," EEOC seminar, Memphis, Tennessee (August 6, 2013)
  • Co-Presenter – "Implicit Bias And Employment Law – A Voyage Into the Unknown,"  Federal Express Annual Trial Seminar (May 17, 2013)
  • Speaker – "Remembering Dr. Martin Luther King, Jr.," Labor and Employment Law Section of the American Bar Association's Law National Conference on Employment Law, Savannah, Georgia (April 3, 2013)
  • Co-author – "Implicit Bias and Employment Law: A Voyage into the Unknown," Bloomberg BNA (March 2, 2013)
  • Co-chaired – "That Fateful Day: Legal and Historical Perspectives On The Assassination of Dr. Martin Luther King, Jr.," symposium sponsored by the Lawyer's Committee for the National Civil Rights Museum and the Cecil C. Humphreys School of Law, University of Memphis (April 4, 2011)
  • Co-author – "The Law of Employment Discrimination from 1985 to 2010," American Bar Association Journal of Labor and Employment Law (June 2010 edition)
  • Panelist – "Twenty-Five Years of Employment Discrimination Law (1985 – 2010)," American Bar Center for Continuing Legal Education Webinar (May 19, 2010)
  • Speaker – U.S. Equal Employment Opportunity TAPS Program (2008, 2012, 2013)
  • Co-author – "Landmark Cases Increase Number of Filings Testing Law of Retaliation," Memphis Business Journal (June 2008)
  • Author and speaker – "Mediation, Yes or No," Department of Justice (2006)
  • Author and speaker – "Damages in Employment Litigation," Young Lawyers Division, Memphis Bar Association (2005)
  • Speaker – Equal Employment Opportunity Committee, Labor and Employment Law Section of the American Bar Association discussing recent case developments, Mid-Winter Meetings
  • Frequent Speaker – American Bar Association,  Labor and Employment Law Section  programs,  ABA annual convention, New Orleans, Louisiana,  Honolulu,  Hawaii, Toronto, Canada
  • Frequent speaker on topics relating to the law of employment discrimination
  • Chapter Co-chair – Discharge in Employment Discrimination Law, published by the Bureau of National Affairs
  • Co-author – "Title VII at 40: An Engine for Progress," Memphis Lawyer (March 2005)
  • Chapter Co-chair – Native Americans, Employment Discrimination Law, published by Bureau of National Affairs, 4th Edition
  • Co-author – "Transsexualism, Sex Stereotyping and Price Waterhouse v. Hopkins: A Staircase to Paradise or a Slippery Slope?," The University of Memphis Law Review, Volume 26, Number 1 (Fall 2005)
  • Contributor – "EEOC Litigation and Charge Resolution," by Donald Livingston, Bureau of National Affairs (2004)
  • Author – "Charity Begins at Home: Do Your Homework and Avoid Punitive Damages," Memphis Bar Journal (2000)
  • Contributing author – "The United States Equal Employment Opportunity Commission: Insuring the Promise of Opportunity for Thirty-Five Years," published by EEOC and American Bar Association (2000)
  • Third Edition, First Supplement, 1998, Employment Discrimination Law BNA, Chapter Chair; Two chapters: Unions and National Labor Relations Acts, Contributor
  • Second Edition and Chapter Chair, Discharge, Employment Discrimination Law, BNA, (1987 – 1989) Supplement, Contributor
  • "Defending Against Discovery in Civil Actions," Tennessee Bar Journal (May 1985)
  • "Defending Against Prevailing Plaintiff's Requests For Attorney's Fees In Equal Employment Law Cases," Tennessee Bar Journal (February 1984)

Professional Honors & Activities

  • Founding Partner – Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
  • Member – Baker Donelson Management Committee (8 years)
  • Managing Partner – Baker Donelson (3 years)
  • Member – Disciplinary Counsel Hearing Committee Panel, Tennessee Supreme Court (2 terms)
  • Founding Member – Memphis Bar Association Lawyer Fee Dispute Committee
  • President – College of Labor and Employment Lawyers (2009 – 2010)
  • Board of Governors of the College of Labor and Employment Lawyers (2003 – 2011)
  • Chair – Board Credentials Committee, College of Labor and Employment Lawyers
  • Baker Donelson Diversity Inclusion Trainer (2009) 
  • Chair – Sixth Circuit Credentials Committee, College of Labor and Employment Lawyers
  • Co-organizer and Member, Planning Committee – "Tools for HR Professionals Including an Interactive Round Table Discussion Using Hypotheticals Involving Race and Color Discrimination," (Invitation-only executive leadership conference introducing a new EEOC Program, Eradicating Racism and Colorism from Employment (E-Race), a five-year national outreach, education and enforcement campaign implemented to advance the legal right to a workplace free of race and color discrimination through partnership with employers and other stakeholders), Civil Rights Museum, Memphis, Tennessee (April 2008)
  • Planning Committee – Law School for Journalists program, sponsored by the Memphis Bar Association, U.S. District Court Western District of Tennessee and University of Memphis School of Law (2008 and 2009)
  • Member and Past Chair – ABA Labor and Employment Section Committee on Outreach to Government Lawyers
  • Member –  Board of Trustees of the National Civil Rights Museum, Memphis, Tennessee (2009 – present)
  • Co-Chair – Lawyer's Committee for the Capital Campaign Fund, the National Civil Rights Museum (2010 – 2011)
  • Member – Wexler Fund Board at the National Civil Rights Museum (providing support for programs dedicated to community education of confluence of democratic systems of justice and legislation advancing civil rights in the U.S.)
  • Member – Wexler Fund Planning Committee at the National Civil Rights Museum. The Wexler fund was established to provide an ongoing interactive mechanism that increases the awareness of young people in the inter-relationship of the various branches of government to advance the principles of equality and justice in the fulfillment of the promise of the Civil Right Act of 1964. (2007 – present)
  • Fellow – Memphis Bar Foundation
  • Fellow – Tennessee Bar Foundation
  • Fellow – American Bar Foundation
  • Master Bencher – Leo Bearman, Sr. Inn of Court
  • Listed in The Best Lawyers in America® since 2005; Labor and Employment Law
  • Listed in Mid South Super Lawyers, Labor & Employment since 2007; named among top 50 attorneys in Memphis and top 100 attorneys in Tennessee by Mid South Super Lawyers (2008)
  • Listed in International "Who's Who" of Management, Labour and Employment Lawyers (2010 – 2013)
  • Who's Who Legal USA (since 2006); Management, Labor and Employment Law
  • Honored by Colleagues of the Equal Employment Opportunity Committee of the American Bar Association, Labor and Employment Section by establishment of the Maurice Wexler Fund at the National Civil Rights Museum, Memphis, Tennessee  
  • Program Chair – ABA-EEO Committee Mid-Winter Meeting Program, Marco Island, Florida
  • Member – ABA-EEOC National Mediation Work Group (2002 – present) formed at request of EEOC Chair to study and Co-author of report on EEOC's National Mediation Programs Private Sector, included testifying before U. S. EEOC
  • Member – American, Federal, Tennessee and Memphis Bar Associations
  • Board Member – American Bar Association Center for Human Rights (2011 – 2012)
  • Co-chair – Committee on outreach to government lawyers and academic lawyers, Labor & Employment Section, American Bar Association (2004 – 2008)
  • Co-chair – Labor and Employment Section of the American Bar Association, Committee on Regional CLE and co-creator of CLE for judicial law clerks
  • American Bar Association, Labor and Employment Section: Served three-year term as Chairman of the Liaison Division, Committee on Equal Employment Opportunity Law of the American Bar Association Section of Labor And Employment Law
  • Member – ABA Committee on Equal Employment Opportunity, Section on Labor and Employment (1977 – present)
  • Regional Representative, EEOC Liaison Subcommittee, 1983-1987; Chairman, Subcommittee in Liaison with EEOC, 1987 – 1989
  • National Chairman, EEOC Committee, (ABA Labor and Employment Section, Liaison Division, ABA-EEO Committee, 1989 – 1992), responsible for liaison with U.S. EEOC; US DOL, Employment Standards Division
  • University of Colorado National Alumni Admissions Assistance Program
  • Member – Mediation Panel, U. S. District Court, Western District of Tennessee
  • Pro-Bono Mediator – U. S. Equal Employment Opportunity Commission, Memphis District Office
  • Former Member – Disciplinary Hearing Committee of the Board of Professional Responsibility of The Supreme Court of Tennessee
  • Organized 1995 Symposium, University of Memphis School of Law, celebrating 30th anniversary of Title VII, which included presentations by leading American civil rights lawyers. Accompanied by published Symposium on Labor and Employment Law by the University of Memphis Law Review, composed of articles addressing civil rights, labor and employment issues
  • Organized 2005 Symposium, University of Memphis School of Law, celebrating 40th anniversary of Title VII, which included presentations by leading American civil rights lawyers. Accompanied by published Symposium on Labor and Employment Law by the University of Memphis Law Review, composed of articles addressing civil rights, labor and employment issues  
  • Organized 2010 Symposium on Labor and Employment Law, Celebrating opening of new Law School Building, University of Memphis School of Law, featuring nationally-recognized labor and employment lawyers.
  • Organized "Executive Level Conference on Diversity in the Work Place," University of Memphis, School of Law 2005 
  • Co-organizer – President's New Freedom Initiative addressing the Americans with Disabilities Act. Accompanied by conference on Americans With Disabilities Act in cooperation with the Chair, U. S. Equal Employment Opportunity Commission
  • Honored by University of Memphis Law Review, by dedicating published Symposium on Labor and Employment Law, 1999 to Maurice Wexler
  • Adjunct Professor – University of Memphis School of Law (2000 – 2003)
  • Vice President – Memphis Metropolitan YMCA
  • Member – Board of Directors, Memphis Metropolitan YMCA
  • President – Eastwood Manor Neighborhood Association
  • Honorary Chair – Juvenile Diabetes Research Foundation Fund Raising Gala (2009)

Admissions

  • Tennessee, 1964 (All state courts)
  • U. S. District Court, Western District of Tennessee
  • Courts of Appeal for the Fifth and Sixth Circuits, 1964
  • United States Supreme Court, 1964

Education

  • Loyola University, J.D., 1963
  • University of Colorado, B.S., 1953

Military Service

  • Counter Intelligence Corp., U. S. Army, 1953 – 1955