Brian J. Sutherland
Top Rated Employment Litigation Attorney in Atlanta, GA
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A seasoned employment law attorney, Brian J. Sutherland is a partner at the Atlanta, Georgia, based law firm of Hall & Lampros, LLP. His legal mastery spans several attributes of employment law, including employment discrimination, sexual harassment, whistleblowing, retaliation, overtime and minimum wages, civil rights and appeals. He gained national prominence representing the plaintiff in Bostock v. Clayton County, Georgia, a landmark case outlawing workplace discrimination against LGBTQ people.
With his remarkable jury trial experience in the state and federal courts of Georgia and Washington, Mr. Sutherland has demonstrated his ability to serve justice to his clients by appearing before the Court of Appeals of Georgia, the Supreme Court of Georgia, the U.S. Court of Appeals for the 11th Circuit, the U.S. Equal Employment Opportunity Commission and the Supreme Court of the United States.
Skillful and amicable, Mr. Sutherland has handled more than 30 appeals in which he has argued cases involving constitutional and statutory issues, including those that fall under First Amendment rights, anti-fraud statutes, bankruptcy code and environmental laws. An honest and reliable attorney, he provides solid legal representation with complete transparency to ensure that his clients fully understand the process and progress.
Graduating cum laude with his B.A. in economics in 2003 from the University of Washington, Mr. Sutherland completed his Juris Doctor summa cum laude in 2006 at the Seattle University School of Law. He is an upstanding member of the Georgia Chapter of the National Employment Lawyers Association, the St. Thomas More Society Atlanta, the Federal Bar Association and the Atlanta Bar Association.
Martindale-Hubbell has bestowed its highest rating of AV Preeminent* on Mr. Sutherland in honor of his legal ability and ethical standards. He has been listed among the Top 500 Leading Plaintiff Employment Lawyers by the Lawdragon in 2018 and 2019. Besides sharing his insights on civil rights issues in law journals, he has also co-authored a book on Georgia employment law.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.
- 40%Employment Litigation: Plaintiff
- 30%Civil Rights
- 20%Constitutional Law
Employment Discrimination, Wrongful Termination, Retaliation, Americans with Disabilities Act, Police Misconduct, Race Discrimination, Disability, Discrimination, Appeals
- Rising Stars: 2016 - 2021
About Brian J. Sutherland
First Admitted: 2006, Washington
Professional Webpage: https://www.hallandlampros.com/about-our-firm/brian-j-suther...
- State Bars of Georgia
- U.S. Supreme Court
- U.S. Court of Appeals for the Eleventh Circuit
- Georgia Supreme Court
- Georgia Court of Appeals
- Atlanta Bar Association
- Federal Bar Association
- St. Thomas More Society of Atlanta
- National Employment Lawyers Association, Georgia Chapter (NELA-GA)
- University of Washington, B.A. cum laude, 2003
- The National Press Club presented a discussion with Gerald Bostock, a gay man who was fired from his job as a welfare services coordinator and was the plaintiff in Bostock v. Clayton County, GA, a landmark case heard by the Supreme Court. Lead counsel Brian Sutherland discussed the events that brought the case to the Supreme Court, the legal issues, and how the justices responded to argument., National Press Club - LGBTQ Rights and Workplace Discrimination, 2019
- A local man who says he was fired from his job because he is gay will take his case to the U.S. Supreme Court on Tuesday. Gerald Bostock ran Clayton County’s Court Appointed Special Advocates, or CASA, program for 10 years. But he said everything changed once he joined a gay recreational softball league., Georgia man who says he was fired for being gay takes case to U.S. Supreme Court, Civil Rights, Employment, 2019
Other Outstanding Achievements
- Served as lead counsel and counsel of record in the United States Supreme Court for the employee-plaintiff, Gerald Bostock, in his landmark case, Bostock v. Clayton County, Ga., 140 S. Ct. 1731. In Bostock, the Supreme Court held 6-3 in favor of Mr. Bostock, ruling that employment discrimination based on sexual orientation and gender identity constitutes discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964., 2020
- Gerald Bostock, 2020
- Mary Ingram, 2018
- Jandon Allen, 2018
- AV Preeminent Judicial Edition, Martindale-Hubbell, 2021
- AV Preeminent Judicial Edition, Martindale-Hubbell, 2020
- Top 500 Leading Plaintiff Employment Lawyers, Lawdragon, 2019
- , Top 500 Leading Plaintiff Employment Lawyers, Lawdragon, 2018
- , AVVO 10.0 Perfect Rating, AVVO
- As an Assistant Attorney General for Civil Rights in the Washington State Attorney General's Office, litigated to settlement by consent decree a matter on behalf of the State against Greyhound Lines, Inc. for allegedly allowing U.S. Customs and Border Protection agents to board the company's buses to conduct immigration enforcement sweeps in violation of the Washington Consumer Protection Act and Washington Law Against Discrimination. See https://www.law360.com/articles/1425647/greyhound-inks-deal-ending-border-agent-bus-sweep-suit. The settlement included $2.2 million in restitution and other non-monetary relief, including corporate reforms., 2021
- Served as lead counsel and counsel of record for the plaintiff in Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020), the landmark Supreme Court case establishing that workplace discrimination on the basis of sexual orientation and gender identity violates Title VII of the Civil Rights Act of 1964. See https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf., 2020
- Represented Asian Americans Advancing Justice and a Korean-American in a lawsuit against the State of Georgia to stop enforcement of a state statute that allegedly violated the language access provisions of the Voting Rights Act. See https://archive.advancingjustice-la.org/media-and-publications/press-releases/advancing-justice-seeks-protect-limited-english-proficient#.YqNh8KjMKUl. The case was successful in that the State of Georgia settled the matter, agreeing to cease enforcement the statute. See https://static1.squarespace.com/static/5f0cc12a064e9716d52e6052/t/6101b201eb5e287b0702fc09/1627501057887/Kwon+-+Doc+7+Consent+Order.pdf., 2018
- Served as lead counsel for the plaintiff in Allen v. Banks County, Ga., 2:16-cv-00076-RWS (N.D. Ga.), in which a verdict and judgment for the plaintiff of over $622,000 was awarded for violations of the Americans with Disabilities Act and the Family and Medical Leave Act after a successful jury trial. See https://www.yahoo.com/now/fired-banks-county-911-operator-174554424.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAFJ6X__OxOrbTXNhkyaKf7DrBtiYklKJ1wcLC7c7zT5BsrFOxmyXUo-eqbqNZhf5s2FpSF2AjPBLODP4gMf9IHsRL_htjibFYDrLw-PMNuCrRO7VRRKbGHUuNX_CO4vq2pGy032ShQ-lJlBeLR4woLplKZtP303OEx5AV1k7wRYI., 2018
- Brian J. Sutherland presented to the Washington State Redistricting Commission regarding federal voting rights law, including the constitutional and statutory issues arising from minority vote dilution in the context of redistricting. , Speaker, Minority Vote Dilution in the Context of Redistricting, Washington State Redistricting Commission, Voter Rights, 2021
- Presented continuing legal education on the Bostock v. Clayton County, Ga. decision., Speaker, A Discussion on Title VII & Bostock, Washington Employment Lawyers Association, Legal Education, Employment Law, 2020
- Featured speaker presenting continuing legal education on the Bostock v. Clayton County, Ga. decision., Speaker, Bostock v. Clayton County: the U.S. Supreme Court’s New Landmark Case on Title VII and LGBTQ+ Rights, King County Superior Court Judges and QLaw, Legal Education, Employment Law, 2020
- Invited to participate as a panelist to discuss the the Supreme Court's landmark decision in Bostock v. Clayton County, Georgia with other distinguished panelists including David Lopez, former General Counsel of the Equal Employment Opportunity Commission., Panelist and Speaker, Bostock v. Clayton County: Historical Perspectives and Implications for Employment Rights and Responsibilities, American Bar Association, Legal Education, Employment Law, 2020
- From the website: Please join us to hear the compelling story of how alumnus Brian Sutherland '06 took the case of child welfare advocate Gerald Bostock, who lost his job due to anti-gay discrimination, all the way to the U.S. Supreme Court., Speaker, Influential Voices, Seattle University School of Law, Legal Education, Employment Law, 2020
- Georgia Employment Law addresses the state and federal law relevant to the practice of employment law in Georgia. The intent is to provide the practitioner with all the essential background information for practicing employment law in Georgia, the majority of which is federal legislation and case law based, and fleshing out the same with explanation of Georgia’s parallel provisions and analysis of the applications peculiar to Georgia. The book is a valuable reference guide for those practicing employment law, as well as general practitioners who are presented with employment law issues in their practice. Coverage includes these topics: wage and hour laws, unemployment insurance benefits and claims, workers compensation, employment discrimination and retaliation, workplace torts, federal and state leave laws, and workplace health, safety and privacy., Co-Author, Georgia Employment Law 2020, ALM Media Properties, LLC (ISBN # 9781628817102), Employment, 2020
- Brian J. Sutherland spoke at the Washington State Bar Association's LGBT Rights Section Annual Seminar about the historical impact of the Bostock v. Clayton County case, in which the U.S. Supreme Court held that LGBTQ+ people are covered by employment law protections., Speaker, Making History: Bostock v. Clayton County, Washington State Bar Association, LGBT Rights Section Annual Seminar, Civil Rights, Employment, 2020
- Brian J. Sutherland spoke to the Northwest Justice Project about the various ways discrimination impacts society, economic mobility and access to resources., Speaker, Disparate Impact Discrimination, Northwest Justice Project, Civil Rights, 2020
- Brian J. Sutherland spoke to the Atlanta Bar Association about sexual harassment litigation strategies in the #MeToo era., Speaker, Sexual Harassment in the Workplace: Strategies for Litigating Harassment Cases in the #MeToo Era, Atlanta Bar Association Labor and Employment Law Section, Employment Law, Civil Rights, 2019
- Presented continuing legal education as a panelist with E.E.O.C. Regional Attorney Marcus Keegan (then in private practice) on how to best prepare and use pretrial orders in federal employment discrimination cases headed to trial., Panelist and Speaker, Consolidated Pretrial Orders: Crafting the Story in Legal Chapter and Verse, Employment Law Goes to Court Seminar, Georgia Institute for Continuing Legal Education, Legal Education, Employment Law, 2017
- Comment surveying laws at the federal level and in every state pertaining to the rights of voters with limited English language proficiency to obtain translated election materials or obtain assistance to case their votes, with a proposal for model language assistance legislation., Author, The Patchwork of State and Federal Language Assistance for Minority Voters and a Proposal for Model State Legislation, New York University Annual Survey of American Law, 65 N.Y.U. ANN. SURV. AMER. L. 323 (2009), Legal Education, Employment Law, 2009
- Comment providing background and analysis of the difficulty of obtaining attorney's fees in private actions to enforce voting rights after the Supreme Court's decision in Buckhannon Board & Care Home, Inc. v. West Virginia., Author, Voting Rights Rollback: The Effect of Buckhannon on Private Voting Rights Enforcement, North Carolina Central University Law Review, 30 N.C. Cent. L. Rev. 267 (2008), Legal Education, Employment Law, 2008
- Comment providing socio-legal history and analysis of institutional racism, history and analysis of constitutional precedents requiring proof of intent to discriminate, review and analysis of a Ninth Circuit decision holding that federal regulations which combat institutional discrimination are not privately enforcement with Section 1983, and a proposed interpretation of the Chevron doctrine and non-delegation doctrine to recognize the ability of federal agencies to create privately enforceable rights for the purpose of fighting institutional racism., Author, Killing Jim Crow and the Undead Nondelegation Doctrine with Privately Enforceable Federal Regulations, Seattle University Law Review, 29 Seattle U. L. Rev. 917 (2006), Employment, Civil Rights, 2006
Last Updated: 7/5/2022