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Tom O'Day joined the Milwaukee office of Godfrey & Kahn, S.C. in January 2006 as a member of the Labor and Employment Practice Group. Tom graduated cum laude from the University of Wisconsin Law School in 2005. In addition to his J.D., Tom holds a Masters Degree in Education Leadership and Policy Analysis from the University of Wisconsin. His studies included analysis of state and federal education law, including the Individuals with Disabilities in Education Act (IDEA), the No Child Left Behind Act (NCLB) and state and federal education finance policies.
Tom's practice involves advising and representing both public employers as well as private employers in every aspect of labor and employment law. Tom's experience involves cases before the Wisconsin Equal Rights Division, Equal Employment Opportunity Commission, United States Department of Labor, National Labor Relations Board, state courts and federal courts. For example, Tom assisted in successfully obtaining summary judgment on a free speech and whistleblower claim for an employer in the Eastern District of Wisconsin, successfully worked with the Department of Labor in a wage and hour audit and has advised and represented numerous clients in cases regarding race, age, disability, sex and other kinds of discrimination. Tom also works with Wisconsin school districts in addressing special education mandates, student expulsions and other school law issues. In addition to his legal background, Tom has worked in every branch of state government in various capacities for the Supreme Court of Wisconsin, the Wisconsin Department of Commerce, the Wisconsin legislature, and the Governor's Office. Tom is a member of the State Bar of Wisconsin and the Eastern District of Wisconsin. He is on The Board of Directors of the Down Syndrome Association of Wisconsin (www.dsaw.org) and is one of many founding members of the John W. Jung Memorial (www.johnwjungmemorial.org).
Publications
"Labor and Employment Law Vantage Point - Winter 2007/2008" February 08, 2008
"Virtual Schools in Wisconsin Dealt a Blow by Wisconsin Court of Appeals" December 11, 2007
"Department of Labor Releases Comments on FMLA Regulations: No New Proposed Rules Yet" July 05, 2007
"Supreme Court Applies Statute of Limitations to Title VII Disparate Pay Claim, Rejects 'Continuing Violations' Theory Under Title VII" June 08, 2007
"Supreme Court Decides Parents May Proceed Without Legal Counsel in Federal Court for IDEA Claims"
May 21, 2007
"Can We Use Gender in Our Hiring Decisions? The Discrimination Bona Fide Occupational Qualification (BFOQ) Applied to Health Care" March 13, 2007
"California Regulators Clarify Mandatory Sexual Harassment Training Law" February 01, 2007
"U.S. Department of Education Releases IDEA Final Regulations" August 04, 2006
"Wisconsin Special Education Law Harmonized with IDEA 2004" April 05, 2006
In the News
February 8, 2008 - Tom O'Day authored "Employers should update harassment complaint procedures" (Small Business Times)
Seminars & Events
Hiring Smart for Broadcasters: Legal Issues in Hiring and Effective Strategies to Promote Equal Employment Opportunity and Prevent Unlawful Discrimination - Jan 23, 2008
Admitted to Practice
Wisconsin - 2006
Education
Juris Doctor, University of Wisconsin Law School, 2005
Master's Degree, University of Wisconsin-Madison, 2005, Education Policy and Leadership Analysis
Bachelor of Science, University of Wisconsin-Madison, 2001, Political Science, Phi Beta Kappa.
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