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Beth A. Bourassa
Partner

Ms. Bourassa is a partner at Whiteman Osterman & Hanna, where she has practiced since 1990. She represents public and private sector management in broad areas of employment law, with a particular focus on the defense of federal court employment discrimination actions. She also advises public school district clients of the Firm on a wide range of education law issues, including special education.

Representative Accomplishments

  • Defense of federal and State court employment discrimination actions, including several verdicts for the defense in federal court jury trials, successful summary judgment motions, and appellate practice.
  • Represent school district management in disciplinary actions against employees under the New York State Civil Service Law and the New York State Education Law; arbitration proceedings arising under collective bargaining agreements; Article 78 proceedings; special education hearings and appeals; appeals to the Commissioner of the State Education Department; Title IX and other civil rights investigations by the Office of Civil Rights; and federal court civil rights actions.
  • Provide counseling and advice to management with respect to a wide range of regulatory matters including the Fair Labor Standards Act, the Family and Medical Leave Act, and other employment law issues. Represent management in a variety of matters before the United States and New York State Departments of Labor, including investigations and enforcement actions arising out of alleged minimum wage/overtime and child labor law violations.
  • Provide counseling and advice to school districts on a broad range of education law issues, including special education, teacher tenure issues, student discipline, student residency, and municipal law requirements.

Representative Speaking Engagements
Ms. Bourassa has lectured on numerous employment and education law topics, including:

  • misuse of technology in schools, including cyberbullying and sexting;
  • First Amendment free speech retaliation claims;
  • the Family and Medical Leave Act and the Americans with Disabilities Act;
  • age discrimination, including negotiating lawful early retirement incentives;
  • the Fair Labor Standards Act;
  • sexual and other unlawful harassment--avoiding and investigating claims;
  • drug and alcohol testing and employer responses to drug and alcohol abuse by employees;
  • tenure issues;
  • school health services, including emergency responses and medication in the schools;
  • student discipline, including discipline of special education students;
  • special education, including dual enrollment services;
  • student residency; and
  • student records.

Ms. Bourassa is also a contributing editor for the Public Sector Labor and Employment Law Treatise (NYSBA, 2d ed. 1998 and 3d ed., 2008).

Affiliations
Ms. Bourassa is a member of the American and New York State Bar Associations and the Labor and Employment Law Sections of those bar associations. She is also a member of the National and New York State Councils of School Attorneys. She is admitted to the bars of New York State and the United States Supreme Court, the United States Court of Appeals for the Second Circuit, and the United States District Court for the Northern District of New York.

Other Experience
Prior to attending law school, Ms. Bourassa was employed as a personnel supervisor and a vocational training coordinator.

Education
Albany Law School (J.D., valedictorian and summa cum laude, 1990; Executive Editor of the Albany Law Review)
Colby College (B.A., cum laude, 1980).