Recent Publications

U.S. Supreme Court Increases Employee Burden of Proof in Age Bias Cases

In Gross v. FBL Financial Services, Inc., decided on June 18, 2009, a deeply divided U.S. Supreme Court imposed a heightened proof burden on employees to establish age discrimination against their employers. In a 5-4 decision, the Court concluded that the literal text of the Age Discrimination in Employment Act (“ADEA”) does not allow a worker to prove discrimination by demonstrating that age was one “motivating factor” for the employer's adverse employment action. >>

President Obama Signs Fourth Executive Order Concerning Unions

On February 6, 2009, President Barack Obama signed his fourth executive order concerning federal contractors and labor matters. This order (the “Order”) encourages federal agencies contracting with private businesses for large-scale construction projects to mandate project labor agreements (“PLA”) for the entirety of the project.  >>



Barbara-Ellen Gaffney

Associate

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5398
F +1 214.200.0892

Areas of Practice

Education

  • J.D., Baylor University School of Law, 2003, Order of the Barristers
  • B.A., Texas A&M University, 2000, magna cum laude

Bar Admissions

  • Texas, 2003

Court Admissions

  • U.S. District Court for the Northern District of Texas

Barbara-Ellen is an associate in the Labor and Employment Practice Group of Haynes and Boone. She has experience in a variety of areas including:

  • Assisting in the defense of clients during EEOC investigations and civil trials, including obtaining summary judgment for clients in matters involving Title VII, ADA, ADEA, sexual harassment and retaliation claims.

  • Representation of employers in negotiations and/or proceedings with the Department of Labor, the Equal Employment Opportunity Commission and the Texas Workforce Commission.

  • Providing advice and counsel to employers concerning employment issues, including strategies minimizing risks of litigation, employment policies and employment agreements.

Selected Professional Activities and Honors

  • Past Vice-President of the Fort Worth-Tarrant County Young Lawyers Association
  • Junior League of Dallas

Memberships

  • State Bar of Texas
  • Texas Young Lawyers Association
  • Dallas Bar Association
  • Dallas Young Lawyers Association

Online Publications

06/19/2009 - U.S. Supreme Court Increases Employee Burden of Proof in Age Bias Cases
In Gross v. FBL Financial Services, Inc., decided on June 18, 2009, a deeply divided U.S. Supreme Court imposed a heightened proof burden on employees to establish age discrimination against their employers. In a 5-4 decision, the Court concluded that the literal text of the Age Discrimination in Employment Act (“ADEA”) does not allow a worker to prove discrimination by demonstrating that age was one “motivating factor” for the employer's adverse employment action.

03/04/2009 - President Obama Signs Fourth Executive Order Concerning Unions
On February 6, 2009, President Barack Obama signed his fourth executive order concerning federal contractors and labor matters. This order (the “Order”) encourages federal agencies contracting with private businesses for large-scale construction projects to mandate project labor agreements (“PLA”) for the entirety of the project.