Heather Morgan represents and counsels employers in all aspects of employment law, with an emphasis on defending equal employment opportunity cases, including “high stakes” discrimination class actions. Heather devotes a significant portion of her practice to helping employers develop or revamp personnel processes, build "best practices," and ensure compliance with federal and state laws and regulations impacting recruitment, hiring, promotion, compensation, performance evaluation, termination, affirmative action compliance, voluntary diversity and inclusion programs, succession planning, and other personnel practices. In particular, Heather has significant experience partnering with employers who seek to design improved and compliant personnel processes through a transition to new or upgraded workforce-related software and HR technologies. As part of this counseling, Heather regularly provides compliance advice regarding multi-jurisdiction background check laws, e-signature and data retention requirements, and the use of computer algorithms in hiring and other personnel processes. Heather’s practice also includes a special focus on the development and analysis of statistics used in case defense, to conduct preventative, privileged diagnostic reviews of employers’ personnel practices (such as pay equity audits), and to develop diversity and inclusion metrics.
Prior to joining GBG, Heather was a partner in the Employment Law department of Paul Hastings LLP and the Global Chair of the firm’s Workforce Data and Technology practice.
Played a lead role in obtaining denial of class certification in a nationwide hiring discrimination lawsuit against Cintas Corporation.
Defended and successfully resolved a number of discrimination class actions, most recently a gender pay discrimination case against a large insurance company—the first to be filed under the California Fair Pay Act.
Speaker, November 2018 Annual ABA Labor and Employment Law Section Conference, “The Future of Work: The Impact of Artificial Intelligence and Robotics in the Workplace”
Quoted in November 2018 SHRM article, “How is Artificial Intelligence Changing the Workplace?”
Extensively quoted in Bloomberg BNA's Daily Labor Report article "When Is Big Data Bad Data? When It Causes Bias."
Extensively quoted in Law360's "Hiring Software Creates Legal Minefield Amid Outdated Regs" article.
Extensively quoted in Corporate Counsel's "Applying HR Analytics Creates Discrimination Danger" article.
Frequent speaker before industry groups on a variety of employment-related topics, including systemic “pattern or practice” discrimination claims, pay equity, e-discovery, and legal risk issues associated with employers’ use of workforce-related technologies. Recent speaking engagements include before members of the American Bar Association (ABA), the American Employment Law Council (AELC), the Society for Industrial and Organizational Psychology (SIOP), and the National Industry Liaison Group (NILG).
Quoted in Tech Republic article, "10 illegal job interview questions to avoid if you don't want to get sued"
Employer Co-Chair, ABA's Content Convergence Task Force
Immediate Past Employer Co-Chair, ABA’s Technology in the Practice & Workplace Committee, Labor & Employment Law Section
Chapter Editor, "Use of Workplace Data," Bloomberg BNA Workplace Data Law and Litigation
Advisory Board Member, Institute for Corporate Counsel
Board Member, UCLA Law Women LEAD
University of California at Los Angeles School of Law, J.D., 1994
University of Wisconsin Madison, B.A. (with distinction), 1988