Felicity Fowler

Practices

Industries

Education and Clerkships

J.D., Georgetown University Law Center, 1992, Member, Journal of Law and Technology

B.S., Industrial and Labor Relations, Cornell University, 1989, Cornell National Scholar

Bar Admissions

Texas

Court Admissions

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Western District of Texas

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

U.S. District Court for the Southern District of Texas

U.S. District Court for the Eastern District of Texas

Profile

Felicity Fowler is a partner in the Labor and Employment Practice Group of Haynes and Boone, and has more than 23 years of experience representing management in employment litigation and related proceedings.

She is certified by the Texas Board of Legal Specialization as a specialist in the field of Labor and Employment Law, and she counsels clients in areas such as wage and hour law, discrimination and harassment claims, leaves of absence, employee terminations and reductions in force. Felicity regularly represents employers in employment litigation (including class actions) in state and federal court and in employment arbitrations. Felicity also advises clients on the risks and implications arising from the use of social media, and creates guidelines and social media policy recommendations. Felicity is a frequent lecturer on numerous employment law topics, including FMLA, ADA, FLSA, harassment and social media.

Felicity is the former co-chair of Haynes and Boone's 60-person Attorney Diversity and Inclusion Committee, where she focused on advancing the hiring, retention and promotion of diverse lawyers within the firm.

Labor and Employment

Labour

DOL Releases its Proposed FLSA Regulations

On Tuesday, the U.S. Department of Labor (“DOL”) unveiled its highly anticipated proposed changes to the overtime pay regulations of the Fair Labor Standards Act (“FLSA”). These proposed changes are predicted to broaden coverage to nearly five million additional workers.

Selected Client Representations

  • Defended a well-known U.S. corporation in a highly-publicized, class-based discrimination lawsuit brought by the Equal Employment Opportunity Commission in U.S. District Court under the Americans with Disabilities Act and secured summary judgment on the basis that the class EEOC sought to represent was not disabled within the meaning of the ADA in EEOC v. Exxon Corp., 124 F.Supp. 2d 987 (N.D. Tex. 2000).
  • Successfully argued before the Fifth Circuit Court of Appeals in Hockman v. Westward Communications, 407 F.3d 317 (5th Cir. 2004), issue of first impression, which resulted in employer friendly defense standard in co-worker harassment cases; also handled companion case, Harvill v. Westward Communications, 433 F.3d 428 (5th Cir. 2005) (the Westward cases are often cited in the Fifth Circuit on various aspects of sexual harassment jurisprudence).
  • Helped secure a Fifth Circuit opinion that an employer can defend a safety-based policy under the ADA on business necessity grounds.
  • Successfully tried numerous employment law cases in Federal and State courts, as well as several arbitration forums.
  • Successfully obtained and/or defended numerous temporary and permanent injunctions in misappropriation of trade secrets, unfair competition and covenant not to compete cases.
  • Representation of securities brokerage firms in employment disputes. Recent experience includes a complete defense award for a client in a dispute filed by a former broker challenging stock forfeiture provisions in national employer's employee incentive compensation plan (Howell v. Citigroup Global Markets Inc.,NYSE No. 2004-015794).
  • Successfully handled several wage and hour litigation matters, including multiple collective actions under the FLSA.
  • Obtained dismissal of sexual harassment case for employer based on jurisdictional arguments in Lee v. Dollar Tree Stores, Inc., 2007 U.S. Dist. LEXIS 53693 (S.D. Tex., July 25, 2007).
  • Obtained numerous summary judgments for employers in employment litigation matters, including: (1) Hockman v. Westward Communications, 282 F.Supp. 2d 512 (E.D. Tex. 2003) (sexual harassment); (2) Harvill v. Westward Communications, 311 F.Supp. 2d 573 (E.D. Tex. 2004) (sexual harassment/FLSA); (3)Weeks v. NationsBank of Texas, N.A., 2000 U.S. Dist. LEXIS 4069 (N.D. Tex. 2000) (retaliation); (4) Garrity v. NationsBank of Texas, N.A., 1999 U.S. Dist. LEXIS 1454 (N.D. Tex. 1999) (gender discrimination); and (5) Kushner v. Nationsbank, N.A., 1998 U.S. Dist. LEXIS 12708 (N.D. Tex. 1998) (ADA discrimination).
  • Frequently lectures on employment law topics for both lawyers and human resources professionals.
  • Employment law training, investigations, analysis, and resolution of complex employment situations.

Publications and Presentations

Recent Publications
  • "Pre-Hire Issues: A First Date from the Perspective of an Employer," Corporate Counsel Section Newsletter of the State Bar of Texas, Spring II, 2013.
  • "Assisting Clients with New Employment Law Compliance Practices and Challenges," Employment Law 2013, Aspatore Thought Leadership, February 2013.
  • "2013 Midwinter Meeting Report of 2012 Cases," Contributing Author, American Bar Association, Section of Labor and Employment Law, Committee on Federal Labor Standards Legislation, January 31-February 1, 2013.
  • "Employees Get What? What Texas Employers Need to Know About Mexican Labor and Employment Law," co-author with Yasser Madriz and Meghaan McElroy,The Houston Lawyer, January/February 2012.
  • Arthur T. Carter & Felicity A. Fowler, "Educating and Updating Clients on Recent Trends and Developments in the Employment Law Arena," in Inside the Minds: The Impact of Recent Regulatory Developments in Employment Law 7 (Thomson Reuters/Aspatore 2012).
  • "Health Care Reform 101: For Employers," Law360 Guest Column, Co-Author with Katie Chatterton and Meghaan McElroy, June 14, 2010. 

Recent Speeches and Presentations

  • "Perceptions, Importance and Impact of Disability Hiring: What Your Company Needs to Know," panel presenter, Discover Employ Ability, The Dallas Mayor's Committee for the Employment of People with Disabilities Expo 2011, October 17, 2011. 
  • "A Look into DOL Investigations/Enforcement Actions and Private Clauses of Action under the FLSA," University of Texas Corporate Counsel Institute, Dallas and Houston, Texas, April 2011. 

Honors

Super Lawyers

Repeat Recognition as 2014 Texas Super Lawyers

Texas Super Lawyers has once again recognized Haynes and Boone in its annual award listing, with seven firm lawyers featured in the Tops of Texas honors.


Published by Thomson Reuters in September 2014

Professional Recognition

  • Selected as a 2013 Most Powerful and Influential Woman of Texas by the National Diversity Council, 2013
  • Selected for inclusion in Texas Super Lawyers by Thomson Reuters in Employment and Labor, 2003, 2004, 2007-2014
  • Recognized by Texas Super Lawyers by Thomson Reuters among the Top 50 Women Super Lawyers in Texas and Top 100 Houston Super Lawyers, 2010-2011

Professional and Community Activities

  • Greater Houston Women's Chamber of Commerce, Board of Directors, 2010-present
  • Hispanic National Bar Association, Standing Commission on the Status of Latinas in the Legal Profession, 2012-2013, past Deputy Regional President, Region XII
  • Family Services of Greater Houston, Board of Directors, 2005-present
  • Professional Women of Color, Board of Directors
  • Houston Diversity Council, co-founder
  • State Bar of Texas
  • American Bar Association – Labor & Employment, Litigation Sections
  • Houston Bar Association – Labor & Employment, Litigation Section
  • Hispanic Bar Association of Houston – Board of Directors (2004 to present)
  • American Health Lawyers Association

News and Publications

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