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Eve B. Masinter
Eve B. Masinter

Eve B. Masinter

Partner - New Orleans
Ms. Masinter is a litigator in the areas of employment, business, and healthcare, including class action defense. She handles administrative matters with the EEOC, DOL, and OSHA. She also opines on insurance coverage. Ms. Masinter represents management in injunction proceedings involving Unions, litigates non-compete cases, as well as cases involving state and federal employment laws and regulations. She regularly conducts employer and supervisor training on topics such as avoiding discrimination, harassment and retaliation in the work place, the hiring, discipline and termination of employees, and on various employment laws.

Her clients include hotels, hospitals and other healthcare entities, restaurants, retail and industrial employers and public entities. She not only defends such clients in various employment matters but counsels and advises them on employment and HR policy and procedures and updates and revises employment policies and procedures and employee handbooks and manuals.

Ms. Masinter is a member of the Board of Directors of the International Association of Defense Counsel, an invitee only peer-selected member organization. She is the Board Liaison to the Employment Law, Diversity and Membership Committees, and the Defense Counsel Journal. As an active member of the New Orleans community, she serves on the Board for NOLA City Bark, and on the Board for New Orleans Vocal Arts Chorale.

Education

Paul M. Hebert Law Center at Louisiana State University, J.D., 1982

Louisiana State University, B.A., 1979

Admissions

Louisiana, 1982

U.S. District Court, Eastern, Middle and Western Districts of Louisiana and Eastern District of Arkansas

U.S. Court of Appeals, Fifth and Eighth Circuits

U.S. Supreme Court

Pro hac vice admissions to many other U.S. Federal District Courts

Professional Associations

International Association of Defense Counsel (IADC), Board of Directors, Board Liaison to Employment Law, Diversity and Membership Committees, and the Defense Counsel Journal.

Claims & Litigation Alliance (CLM)

Louisiana State Bar Association, Labor and Employment Law Section, Chair (2006-2007), Vice-Chair (2005-2006), Secretary/Treasurer (2004-2005), Council Member (2001-2004)

ABA Committee for Liaison with the EEOC, OFCCP & DOJ

Federal Bar Association

New Orleans Bar Association

American Health Lawyers Association

Louisiana Hospital Association

Louisiana Supreme Court Historical Society

Honors and Awards

Ranked in Chambers USA: America's Leading Lawyers for Business for Louisiana - Labor and Employment, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017

Selected by her peers for inclusion in The Best Lawyers in America® 2012, 2013, 2014, 2015, 2016, 2017

Listed in Louisiana Super Lawyers in the area of Employment & Labor, 2013, 2014, 2015, 2016, 2017

Corporate Livewire Global Awards Winner, 2015

Selected by New Orleans Magazine as “Top Lawyers”, 2012, 2013, 2014, 2016

New Orleans CityBusiness - Leadership in Law Class of 2008

New Orleans CityBusiness -Woman of the Year in 2003 and 2009

AV® PreeminentTM Peer Review Rated.

Omicron Delta Kappa

Phi Kappa Phi

Law Review

Order of the Coif

Publications

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Presentations

  • "What You Can Be Liable for Without Even Knowing It", Management Update Briefing, New Orleans, 2/2/17
  • "Employment Law Update", Employment Law: Rights, Benefits, and Emerging Issues Seminar, Lafayette, 12/7/16
  • "Coping with Emerging Discrimination Claims", Management Update Briefing, New Orleans, 10/6/2016
  • "Dealing with Transgender Employees and Applicants", Management Update Briefing, New Orleans, 5/19/16
  • "Trends in Retaliation Claims", Management Update Briefing, New Orleans, 1/21/16
  • “The EEOC Invades Personnel Policies: Accommodation of Theft and Working from Home; Criminal Backgrounds; Social Media”; “Successfully Navigating Medical Leaves of Absence, FMLA, ADA”, Management Update Briefing, Baton Rouge, 11/13/2015
  • “Successfully Navigating Medical Leaves of Absence, FMLA, ADA”, Management Update Briefing, Shreveport, 10/23/15
  • “Cutting Edge Medical Issues to Accommodate Under the Americans With Disabilities Act”, Management Update Briefing, New Orleans, 9/3/15
  • “A Primer on Handling Family and Medical Leave”, Management Update Briefing, New Orleans, 5/7/15
  • "Smoking in the Workplace", Management Update Briefing, New Orleans, 1/22/15
  • “Federal Agencies Invade Personnel Policies: Accommodations of Theft and Working From Home; Criminal Background; and Social Media”, Management Update Briefing, Baton Rouge, 11/21/14
  • “Getting Ready for 2015: How Supreme Court Cases and Agency Regulations Will Impact Labor and Employment Law”, ABA/EEO Liaison Committee – CLE Presentation, New Orleans, 11/19/14
  • “What is The EEOC Up To Lately: Religious Garb and Pregnancy”, CPE for the Society of the CPAs, Kenner, 10/17/14
  • "Social Media: An Employer's Source or Sin", Management Update Briefing, New Orleans, 9/11/14
  • "Recent Developments and Regulatory Interpretations", Management Update Briefing, New Orleans, 5/15/2014
  • “Title VII Updates: Criminal Background Checks, Title VII Protections, and other EEOC Initiatives”, ABA/EEO Liaison Committee Meeting, New Orleans, 11/20/13
  • "Coping with Emerging Discrimination Claims: Criminal Convictions, Retaliation, and Harassment/Transgender Claims", Management Update Briefing, Baton Rouge, 10/18/2013
  • "Coping with Emerging Discrimination Claims: Retaliation, Harassment, and Transgender Claims", Management Update Briefing, New Orleans, 10/10/2013
  • “Interrupting Implicit Bias in the Legal Profession: Practical Tools”, IADC 2013 Annual Meeting, Diversity and International Program, 7/8/2013
  • “ADA/FMLA: Recent Developments and Regulatory Interpretations”, MFM/BCCA Annual Conference, Roosevelt Hotel, New Orleans, 5/20/2013
  • "Class Action Update Post Wal-mart v. Dukes", 2013 IADC Annual Meeting, 7/7/2013
  • "Understanding International Labor & Employment Policy", 2013 IADC Midyear Meeting, 2/1/2013
  • “Recent Developments in Labor Law That Every Employment Lawyer Should Understand”, ABA/EEO Liaison Committee, New Orleans, 11/14/12
  • "Defeating Meritless Unemployment Compensation Claims" and "Strengthening your Personnel Policies against Workplace Discrimination Charges", Management Update Briefing, Baton Rouge, 10/2012
  • "Privacy in the Digital Age", Management Update Briefing, 5/2012
  • "Confronting Today's Labor & Employment Issues", Greater New Orleans Hotel & Lodging Association (GNOHLA), 6/2012
  • "Privacy in the Digital Age", Current Developments in Labor & Employment Law CLE, LSU Law Center and LSBA Labor & Employment Law Section, 3/9/2012
  • "Sexual Favoritism in the Workplace: A Bad Idea for Employers”, ABA/EEO Liaison Committee, 11/16/11
  • "Social Networking And HR: The Good, The Bad & The Ugly", Greater New Orleans Society For Healthcare Human Resources Administration (GNOSHHRA), 10/27/11
  • "GINA: The Law and It's Impact on ADA", Update on Labor And Employment Law-Louisiana Chemical Association, 10/26/2011
  • "Electronic Social Networking: Legal Pitfalls in the Workplace", Human Resources Management Association (Annual Conference), 11/19/2011
  • Co-Presented CLE on GINA to Employment Law Committee and Moderated Panel Discussion among In-House Counsel for Diversity Committee, 2011 IADC Annual Meeting, 7/2011
  • “The ABC's of Louisiana State Labor & Employment Law”, Modern Management Briefing, 9/15/11
  • “The Ever Expanding Area of Disability Discrimination – New EEOC Regulations”, Modern Management Briefing, 5/12/11
  • "Employee Handbooks and Policies", Panel Presentation, 2011 Spring Various Chemical Companies Conference, New Orleans, 5/5/11
  • “GINA – The Law and Its Impact on ADA”, Update on Labor and Employment Law Sponsored by Lemle & Kelleher, L.L.P., Gulf States Association of Homes and Services for the Aging, Louisiana Bankers Association, Louisiana Casino Association, Louisiana Hospital Association and Louisiana Hotel & Lodging Association, 4/28/2011
  • “Emerging Employee Relations Issues Resulting from Electronic Communications”, Louisiana Chemical Association and Louisiana Chemical Industry Alliance, 11/5/10
  • “Emerging Employee Relations Issues Resulting from Electronic Communications”, Association of Corporate Counsel, Louisiana Chapter, 10/21/10
  • "Are Your Independent Contractors Really ‘Independent’”, ABA/EEO Liaison Committee, New Orleans, 10/20/10
  • “Strengthening Your EEO Program Against Workplace Discrimination”, Modern Management Briefing, 3/4/10
  • “The ADA Amendments Act of 2008”, Human Resource Management Association Panel Discussion, 1/10/10
  • “Achieving Cost Containment in Your Employee Relations Program: How to Lower Monetary Exposure to Wrongful Discharge Claims”, Louisiana Chemical Association, 10/27/09
  • “Whistle-Blower, Retaliation Claims & Rights of Returning Veterans", Current Developments in Labor & Employment Law CLE, LSU Law Center and LSBA Labor & Employment Law Section, Baton Rouge, 3/14/2008
  • “Preparing Your Company for Tomorrow’s Employment Disaster”, 18th Annual Health Law Symposium, Louisiana Hospital Association and The Louisiana Society of Hospital Attorneys, 11/2007
  • “Recent Developments in Employment Law”, 2007 IADC Annual Meeting, 7/2007
  • “Employment Issues Post Katrina”, 17th Annual Health Law Symposium, Louisiana Hospital Association and Louisiana Society of Hospital Attorneys, 11/2006
  • “Reducing Liability Risks for Failing to Effectively Train Managers and Supervisors on Workplace Policies and Procedures and Minimizing Your Exposure to Liability for Unlawful Workplace Harassments”, Council on Education in Management , 8/2006
  • “The Maze of Employment Issues Arising From Disasters: Guidance & Experience from Hurricane Katrina”, LSBA Employment Law, 8/2006
  • “What's Age Got to Do With It?”, Recent Developments in Employment Law, 2004 IADC Annual Meeting, 7/2004
  • “Ethical Issues in Employment Litigation”, ABA/EEO Basics Seminar, Panel Discussion, Panelist, New Orleans, 5/2003
  • “Employment Termination: Issues of The Day” , LSBA Summer School for Lawyers, 7/2002
  • “The Fifth Circuit Road Map for Sexual Harassment: Where Do We Go From Here?”, LSU Law Center and LSBA Labor and Employment Law Section, Baton Rouge, 3/2001
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Reported Decisions

  • Sherman v. RK Restaurants Holdings, Inc., 2014 WL 4540023 (E.D. La. 9/11/2014)
 
Motion to Stay Pending Arbitration granted under the Federal Arbitration Act and the parallel state law in a race and religious discrimination, defamation, intentional infliction of emotional distress, and wage claim action removed to Federal Court. Arbitration Agreement signed by Executive Chef at inception of employment agreeing to submit all claims, including wage, tort and discrimination claims, enforced. Court rejects an unconscionable argument, and finds that the FAA preempts a state law that prohibits choice of forum clauses and that the claims fall within the scope of the clear terms of the Arbitration Agreement.
 
  • Christina v. Stein, 2003 WL 22966366 (E.D. La. 12/12/2003).
 
Rule 12 (b)(6) Motion to Dismiss individual supervisory defendants (Board President and Executive Director) in Age Discrimination in Employment Act (ADEA) suit filed by employee of retirement facility.
 
  • Barber v. Marine Drilling Mgmt., Inc., 2002 WL 237848 (E.D. La. 2/15/2002).
 
Rule 12(b)(6) Motion to Dismiss granted in sexual harassment, defamation, intentional infliction of emotional distress and state law whistle-blower case. Allegations did not appropriately satisfy that the conduct at issue was "because of sex" or that the conduct was so severe and pervasive as to constitute hostile environment discrimination under Title VII and La. R.S. 23:301. The state law claims were dismissed for failure to state the necessary elements.
 
  • Santee v. Windsor Court Hotel Ltd., Pshp., 2000 WL 1610775 (E.D. La. 10/26/2000).
 
Refusal to hire because of plaintiff's hair color dismissed on summary judgment, as plaintiff did not comply with employer's grooming standards. The court found no basis for constitutional or Title VII race discrimination claims, as no state action was involved and hair color was not a protected class.
 
  • Taylor v. Books A Million, Inc., 296 F.3d 376 (5th Cir. 7/15/2002).
 
In a race discrimination and retaliation case against Books A Million, Inc., the U.S. Fifth Circuit affirmed the district court's dismissal of plaintiff's claims under Fed. R. Civ. P. 12(b)(6). The case presented an issue of first impression for the Fifth Circuit regarding the timeliness of the filing of a lawsuit under Title VII after the presumed receipt of a notice of right to sue from the Equal Employment Opportunity Commission. Looking to the United States Supreme Court and other circuits, the Fifth Circuit adopted a seven-day presumption of receipt, where the date of receipt of the EEOC's notice of right to sue was unknown. Under this presumption, the plaintiff's case against Books A Million was filed one day too late.
 
  • Arnolie v. Orleans Parish School Board, et al., 48 Fed.Appx. 917 (5th Cir. 9/17/2002).
 
The Fifth Circuit determined that Arnolie's race discrimination claim was not brought timely, two unfavorable evaluations did not amount to adverse employment actions and school Principals were not "employers" as defined by Title VII.
 
  • Douglas v. Dyn McDermott Petroleum Operations Company, 144 F.3d 364 (5th Cir. 6/18/1998), rehearing en banc denied, 163 F.3d 223 (5th Cir. 12/16/1998).
 
In-house counsel was terminated and sued claiming race discrimination and retaliation. Jury verdict on retaliation claim only reversed by the Fifth Circuit Court. No protection under Title VII for an in-house attorney who violated the Rules of Professional Conduct and disclosed confidential client documents and information to a third party under the guise of asserting her rights – no protected activity. 
 
  • Cabrol v. Town of Youngsville, 106 F.3d 101, (5th Cir. 2/24/1997)
 
The Fifth Circuit held that summary judgment was properly granted in favor of employer where terminated employee alleged constitutional violations but lacked a sufficient property interest as an at-will employee and could have been terminated at any time.
 
  • Garrison v. St. Charles General Hospital, 847 So.2d 688 (La. App. 4th Cir. 5/7/2003).
 
Writ granted remanding Hepatitis C class action and ordering trial court to address the Defendants’ exception of cumulation of actions before ruling on class certification and to revisit exception of improper venue after or in conjunction with a hearing and ruling on class certification.
 
  • Chauvin v. Sisters of Mercy Health System, St. Louis, Inc., 818 So.2d 833 (La. App. 4 Cir. 5/18/2002), writ denied, 825 So.2d 1194 (La. 9/30/2002).
 
Summary judgment dismissing 1963 blood transfusion recipient's strict liability and negligence claims against hospital for Hepatitis C affirmed by the Louisiana Appellate Court. The Court held that, in 1963, virus' presence in blood was "unavoidably unsafe" under the restatement of the Law of Torts 2d, precluding liability.