George R. McFall

Experience

• Successful defense of San Juan Coal Company against the charges of sex discrimination filed by the EEOC on behalf of a female equipment operator, alleging that the company discriminated against the employee on the basis of her gender by failing to provide training in order to be able to advance within the company.  The court granted the employer's motion for summary judgment as to all of the claims asserted in the complaint and awarded costs to the employer.  See EEOC v. San Juan Coal Company.

• Regularly assists employer clients by conducting training on various aspects of employment law to help ensure that the employers' policies and workplace practices comply with applicable law.  Assisted BHP Navajo Coal Company and the San Juan Coal Company in conducting comprehensive training to augment the clients' anti-sexual harassment policies.  This training involved approximately 50 two-hour sessions over a two-week period.  Assisted our client in preparing training materials and designing training sessions for both management level and hourly employees.

• Assisted the City of Farmington, New Mexico with training in the areas of sexual harassment prevention, diversity and cultural sensitivity.  Prepared training materials in concert with the City's Human Resources professionals and presented program to the City's Electrical Department workers.

• Prepared a comprehensive training program for supervisors employed by BHP Navajo Coal Company and San Juan Coal Company in issues relating to the Americans with Disabilities Act, the Family and Medical Leave Act and other laws involving injuries or medical issues relating to employees.

• The U.S. District Court granted summary judgment for the employer in a race discrimination case arising out of a reduction in force at the Chino Mine facility near Silver City, New Mexico.  See Madrid v. Phelps Dodge.

• The U.S. District Court granted summary judgment in favor of the employer in a "reverse discrimination" case.  See Donovan v. Phelps Dodge.

• A city councilman sued for defamation as a result of an editorial appearing in the local newspaper. The New Mexico Court of Appeals reversed the district court and ordered summary judgment in favor of the newspaper, ruling as a matter of law that the statements were not defamatory.   See Mendoza v. Gallup Independent.

Activities

Professional Activities

• American Bar Association
• Albuquerque Bar Association
• Employment Law Alliance
• H. Vearle Payne Inn of Court
• National Association of School Board Attorneys
• New Mexico Board of Legal Specialization, Employment Law Specialist, 2004-present
• New Mexico Supreme Court Subcommittee for Uniform Jury Instructions
• State Bar of New Mexico, Committee on Alternate Dispute Resolution
• University of New Mexico School of Law, former adjunct professor

Modrall Sperling Activities

• Associate General Counsel
• Chair, Employment Law Practice Group, 2003-present
• Associates Committee
• Executive Committee, former member

Discourse

Articles

• Employees' Right to Reinstatement Under FMLA
• Be Wary When Using Tests to Screen Job Applicants
• Sexual Harassment Not Limited to Male Against Females
• Is Closeness In Time Enough to Establish Retaliation
• Employer's Failure To Act on a Complaint Leads to Title VII Liability
• Be Wary When Dealing with Perceived Disabilities
• No Age Discrimination When Replacement Not Substantially Younger

Honors

• Benchmark Litigation The Definitive Guide to America's Leading Law Firms and Attorneys, Litigation Star, 2013
• Best Lawyers Lawyer of the Year in Litigation - Labor & Employment - Albuquerque, 2013
• Best Lawyers "Lawyer of the Year in Education - Albuquerque", 2012
• Best Lawyers in America® in the areas of Education and Labor & Employment Law, 2010-present
• Chambers USA Directories of America's Leading Lawyers for Business in Labor & Employment, 2010-present
• Martindale Hubbell AV® Preeminent Peer Review Rated
• Southwest Super Lawyer®, (derived from a lawyer survey), 2007-present