F. David Harlow

University of Arizona, J.D., cum laude

University of Virginia, B.A.

• Obtained victory in the Vermont Supreme Court in two recent cases involving allegations of disability discrimination and failure to accommodate disabilities.
• Obtained summary judgment on behalf of a religious organization on claims of national origin discrimination and retaliation under Title VII. David took the plaintiff’s deposition and elicited key admissions that allowed him to successfully argue to the federal district court for dismissal of the case.
• Achieved a dismissal of a wrongful termination lawsuit brought by an employee who claimed that she had been terminated in retaliation for having defended herself from an angry patron. At oral argument on the motion to dismiss, David successfully argued that no public policy favoring self-defense supported the plaintiff’s wrongful termination claim. Ruling on a novel issue of Arizona state law, the trial judge adopted David’s argument and dismissed the case.
• Obtained summary judgement on behalf of a major insurance company acting as an ERISA fiduciary in a long-term disability benefits dispute. At oral argument, David successfully argued that the company had made a reasonable benefits decision, uninfluenced by any conflict of interest. The federal district court granted David’s motion for summary judgment, largely adopting his arguments in a published decision.
• Representing a major national retail pharmacy, David obtained dismissal in federal court of an employee’s claim for invasion of privacy arising from the alleged disclosure of his private health information.
• David was part of a team that successfully defended a major national retail chain from a nationwide collective action brought under the Age Discrimination in Employment Act. By demonstrating that the named plaintiff had not been constructively discharged, the team successfully obtained dismissal of both the individual and collective action age discrimination claims.
• Obtained dismissal of Americans with Disabilities Act claims brought by a former employee of an aerospace defense company. David obtained dismissal of the case by demonstrating that the plaintiff, who was acting as his own counsel, had failed to comply with discovery obligations and court rules.
• On behalf of a major national retail chain, David obtained dismissal of federal and state age discrimination and retaliation claims by demonstrating that the plaintiff had failed to disclose his potential claims against the company while he was in bankruptcy. The federal district court agreed with David’s argument, finding that the failure to disclose the claims in bankruptcy precluded the plaintiff from pursuing them against the company.

Arizona, 2010

U.S. Court of Appeals, Ninth Circuit, 2010

U.S. District Court for the District of Arizona, 2010

Vermont, 2014

David is currently representing a client, pro bono, in an immigration case before the Ninth Circuit Court of Appeals.

Listed in New England Super Lawyers as a Rising Star, 2016-2020

Board of Trustees, Newfane Congregational Church

Board of Directors, Brattleboro Area Chamber of Commerce

Board of Directors, United Way of Windham County

Gates v. Mack Molding Company, Inc., 2022 VT 24

Kelly v. University of Vermont Medical Center, 2022 VT 26

Every year, David presents to countless business groups, human resources groups, and client groups throughout the state of Vermont.

In the past year, David presented to the Brattleboro Area Human Resources Network, the Green Mountain Human Resources Association, and the Vermont Association of General Contractors, among others.

In his presentations, David works to educate and inform the Vermont business community on emerging issues in labor and employment law.