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Hunton Andrews Kurth LLP

Christy E. Kiely

Christy E. Kiely

Counsel

Expertise

  • Labor and Employment
  • ERISA Litigation
  • Affirmative Action Counseling
  • Health Care and Life Sciences

WSG Practice Industries

Activity

Hunton Andrews Kurth LLP
Virginia, U.S.A.

Profile

Christy’s practice encompasses employment litigation, EEOC charges, #MeToo investigations, pay equity analyses, advice, training, affirmative action, and audit defense before the OFCCP.

Christy’s work focuses on pay equity analyses, affirmative action work and audit defense before the Office of Federal Contract Compliance Programs. She also has substantial experience with employment litigation in federal and state courts, administrative practice before the Equal Employment Opportunity Commission, and advice to business management and in-house counsel on a full range of employment issues. Christy enjoys conducting management and supervisor training on a wide range of legal and practical employment issues. She is a contributing author to the Hunton Employment & Labor Perspectives blog.

Christy is admitted to practice before the US Court of Appeals for the Fourth Circuit, the US District Court for the Eastern District of Virginia, and the US District Court for the Western District of Virginia.

Relevant Experience

  • Has extensive nationwide experience defending audits by the Department of Labor-Office of Federal Contract Compliance Programs (OFCCP).
  • Advises on a wide range of regulatory requirements and developments related to affirmative action and the OFCCP.
  • Prepares Affirmative Action Plans and conducts detailed pay analyses for companies of all sizes and structures.
  • Conducts privileged pay analyses for employers, both proactive and defensive, in response to pay equity claims.  Provides start-to-finish guidance throughout the process, from the creation of pay analysis groups, to the identification of pay factors, through multiple regression and cohort analyses, to action steps and equity adjustments.
  • Has substantial experience representing employers in connection with discrimination, harassment, denial-of-benefits, defamation, wrongful discharge and other claims in state and federal courts, including appeals.
  • Has litigated cases under all major federal employment statutes, including: Title VII, Section 1981, ADA, ADEA, FMLA, USERRA and ERISA.
  • Representative Decisions:

    Ruff v. Huntington Ingalls Industries, Inc., 2:16-cv-525 (E.D.Va. Dec. 29, 2016) (obtained pre-discovery Rule 12(b)(6) dismissal with prejudice of claims of race discrimination, religious discrimination and failure-to-accommodate, and retaliation); Hickey v. Bon Secours Richmond Health System, Record No. 15072 (Va. Oct. 29, 2015) (obtained denial of plaintiff/appellant’s petition for appeal and petition for rehearing); Va. Cir. CL13-3603, (Chesterfield Feb. 13, 2015) (obtained pre-discovery dismissal of state law military discrimination claim on demurrer); Va. Cir. CL14-1794 (Chesterfield) (Feb. 13, 2015) (obtained pre-discovery dismissal of declaratory judgment action via plea in bar)Fletcher v. Philip Morris USA, Inc. et al., No. 3:09cv284, 2009 U.S. Dist. LEXIS 63094 (E.D.Va. July 14, 2009) (obtained Rule 12(b)(6) dismissal of all claims prior to discovery, including race and gender discrimination and retaliation); Alarie v. Alcoa Inc. and Broadspire Services, Inc., No. 06-4111 (D. S.D. Oct. 24, 2007) (obtained dismissal of ERISA denial-of-benefits action on summary judgment); Elamon v. Red Robin International, Inc., No. 2:06cv202, 2006 U.S. Dist. LEXIS 74375 (E.D. Va. Sept. 29, 2006) (obtained Rule 12(b)(6) dismissal of all claims by terminated employee including tortious discharge, defamation, malicious prosecution, false imprisonment, and abuse of process); Guglietta v. Meredith Corp., 301 F. Supp. 2d 209 (D. Conn. 2004) (obtained Rule 12(b)(6) dismissal of claims of age, pregnancy and gender / family responsibility discrimination); Union of Needles Trades, Industrial and Textile Employees v. Jones, 603 S.E.2d 920, 268 Va. 512 (2004) (obtained reversal of a $300,000 jury award in a state-law defamation action and secured final judgment for the employer).

  • Defends charges before the Equal Employment Opportunity Commission and comparable state agencies.
  • Advises employers on a wide range of legal and practical employment issues.
  • Assists companies and executives in drafting, negotiating and analyzing employment contracts, severance contracts and noncompete agreements.
  • Member of Hunton Andrews Kurth’s Electronic Discovery Team, which provides advice to clients on e-discovery issues.
  • Pro Bono: Women's Advocacy Project. Represents victims of domestic violence in connection with protective orders, child custody and visitation, and child and spousal support.
  • Pro Bono: Central Virginia Legal Aid Hotline. Advises low-income clients regarding employment, housing, creditors rights and domestic violence issues.
  • Pro Bono: Church Hill Pro Bono Office. Assists low-income clients with divorce, annulment and adoption proceedings.
  • Member of Hunton & Williams’ Pro Bono Committee, Richmond office.

Bar Admissions

  • Virginia

Education

BA, The College of William & Mary, English and Psychology, 1998
Areas of Practice

Affirmative Action Counseling | ERISA Litigation | Health Care and Life Sciences | Labor and Employment | Regulatory Compliance and Affirmative Action Counseling | Unfair Competition and Employee Raiding

Professional Career

Significant Accomplishments

  • Has extensive nationwide experience defending audits by the Department of Labor-Office of Federal Contract Compliance Programs (OFCCP).
  • Advises on a wide range of regulatory requirements and developments related to affirmative action and the OFCCP.
  • Prepares Affirmative Action Plans and conducts detailed pay analyses for companies of all sizes and structures.
  • Has substantial experience representing employers in connection with discrimination, harassment, denial-of-benefits, defamation, wrongful discharge and other claims in state and federal courts, including appeals.
  • Has litigated cases under all major federal employment statutes, including: Title VII, Section 1981, ADA, ADEA, FMLA, USERRA and ERISA.
  • Representative Decisions: Fletcher v. Philip Morris USA, Inc. et al., No. 3:09cv284, 2009 U.S. Dist. LEXIS 63094 (E.D.Va. July 14, 2009) (obtained Rule 12(b)(6) dismissal of all claims prior to discovery, including race and gender discrimination and retaliation); Alarie v. Alcoa Inc. and Broadspire Services, Inc., No. 06-4111 (D. S.D. Oct. 24, 2007) (obtained dismissal of ERISA denial-of-benefits action on summary judgment); Elamon v. Red Robin International, Inc., No. 2:06cv202, 2006 U.S. Dist. LEXIS 74375 (E.D. Va. Sept. 29, 2006) (obtained Rule 12(b)(6) dismissal of all claims by terminated employee including tortious discharge, defamation, malicious prosecution, false imprisonment, and abuse of process); Guglietta v. Meredith Corp., 301 F. Supp. 2d 209 (D. Conn. 2004) (obtained Rule 12(b)(6) dismissal of claims of age, pregnancy and gender / family responsibility discrimination); Union of Needles Trades, Industrial and Textile Employees v. Jones, 603 S.E.2d 920, 268 Va. 512 (2004) (obtained reversal of a $300,000 jury award in a state-law defamation action and secured final judgment for the employer).
  • Defends charges before the Equal Employment Opportunity Commission and comparable state agencies.
  • Advises employers on a wide range of legal and practical employment issues.
  • Assists companies and executives in drafting, negotiating and analyzing employment contracts, severance contracts and noncompete agreements.
  • Member of Hunton & Williams’ Electronic Discovery Team, which provides advice to clients on e-discovery issues.
  • Pro Bono: Women's Advocacy Project. Represents victims of domestic violence in connection with protective orders, child custody and visitation, and child and spousal support.
  • Pro Bono: Central Virginia Legal Aid Hotline. Advises low-income clients regarding employment, housing, creditors rights and domestic violence issues.
  • Pro Bono: Church Hill Pro Bono Office. Assists low-income clients with divorce, annulment and adoption proceedings.
  • Member of Hunton & Williams’ Pro Bono Committee, Richmond office.


Professional Associations

  • Admitted, Virginia State Bar, US District Court for the Eastern District of Virginia; US Court of Appeals for the Fourth Circuit
  • Member, Virginia Bar Association Judicial Candidate Evaluation Committee (2017-2020)
  • Member, Virginia Bar Association
  • Board Member of the Children’s Home Society
  • Member, National Association of Women Lawyers (NAWL)
  • Faculty, The Institute for Workplace Equality (formerly the OFCCP Institute), 2016-
  • Member, Richmond Industry Liaison Group (RILG)
  • Member, Virginia State Bar Council (2013-)
  • Faculty member, Virginia State Bar Professionalism Course (2016-2019)
  • Past President, Virginia State Bar Young Lawyers Conference (2011-2012)
  • Board of Governors, Virginia State Bar Young Lawyers Conference (2006-2013)
  • Virginia State Bar Standing Committee on Professionalism (2007-2013; 2015-)
  • John Marshall Inn of Court (Executive Committee, 2009-2016); (Member, 2004-2016)
  • Board of Directors, Virginia Legal Services Corporation (2008-2010)

Professional Activities and Experience

  • “Virginia Super Lawyer,” Employment Law, Virginia Super Lawyers, 2014-2016
  • Style Weekly’s “Top 40 Under 40,” 2015
  • “Virginia Rising Star Super Lawyer,” Employment and Labor Law / Government Contracts, Virginia Super Lawyers, 2007-2013
  • E. Randolph Williams Award for Outstanding Pro Bono Service, 2003-2017
  • Virginia Legal Elite, 2012 (Young Lawyers: Under 40)
  • American Inns of Court Sandra Day O’Connor Award for Professional Service, 2007
  • 2006 Young Lawyer of the Year, Virginia State Bar (R. Edwin Burnette, Jr. Young Lawyer of the Year Award)
  • Outstanding Service Award, Young Lawyers’ Conference of the Virginia State Bar, 2004-2006

Articles

  • Employee Texting While Driving May Lead To Employer Fines, Hunton Employment and Labor Perspectives
  • OFCCP Publishes New Rules For Veterans/Disabled, Hunton Employment and Labor Perspectives
  • Functional Affirmative Action Plans: Is a FAAP Right for Your Organization?, OFCCP Digest, LocalJobNetwork.com
  • OFCCP increases cost and risks for contractors via new Scheduling Letter and Itemized Listing, InsideCounsel
  • Suit By Gay Worker Shows Modern Trends: “Cat’s Paw” Liability And “Gender Stereotype” Discrimination, Hunton Employment and Labor Perspectives
  • New Notice and Posting Obligations for Federal Contractors, Hunton Employment and Labor Perspectives
  • Pay close attention to the OFCCP’s proposed Equal Pay Report rule, InsideCounsel
  • Even In Down Economy, Plaintiff Not Required To Retrain To Mitigate Job Loss, One Court Rules, Hunton Employment and Labor Perspectives
  • Attorneys React To EEOC's Equal Pay Data Reporting Proposal, Law360
  • Model Employee Policies and Forms for Virginia Employers and How to Use Them, Virginia Legal Reference Series
  • How can employers manage workplace romances?, Richmond Magazine
  • Telecommuting May Be A Reasonable Accommodation, Even For Jobs With “Teamwork” Requirements, Hunton Employment and Labor Perspectives
  • Expert Analysis: Contractors Shouldn't Panic Over Record OFCCP Recoveries, Law360

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