Kathleen M. Neary
Education:
University of Nebraska-Lincoln
Juris Doctorate, 1992
Bachelors of Arts, 1987
Admitted to Practice:
Nebraska Supreme Court
U.S. District Court, District of Nebraska
U.S. Court of Appeals, Eighth Circuit
Memberships/Organizations:
Lincoln Bar Association
Nebraska Bar Association
House of Delegates, 1999-2006
Nebraska Association of Trial Attorneys
Board Member, 2001-Present
National Employment Lawyers Association
American Association for Justice
NSBA, Labor and Employment Section, Executive Committee
Great Plains Super Lawyers, 2011
Vice Chair of Lancaster County Personnel Board, January 2012-Present
Employment
Vincent M. Powers & Associates
Lincoln, NE, 1998 - present
Attorney, Neary Law Office
1996-1997
Associate Judge, Omaha Tribal Court
Omaha Tribe of Nebraska, 1993-1996
Judicial Clerk to the Honorable Niesje J. Steinkruger,
District Judge, State of Alaska, 1992-1993
Specializes In:
Employment and Housing Litigation for Plaintiffs (65%)
Represents employees and tenants in discrimination, harassment and retaliation cases as well as Whistleblower, 1st Amendment and wage and hour litigation.
Personal Injury-Plaintiff (35%)
Case of Interest:
Gavin v. Rogers Tech Servs. 276 Neb. 437 (2008)
Secured reversal of summary judgment by trial court in sexual harassment/constructive discharge case for employee.
Case of first impression by Nebraska Supreme Court: "The element of intending to force the employee to quit is satisified if the employer could have reasonable foreseen that the employee would quit a a result of its actions."
Lacey v. State of Nebraska, 278 Neb. 87 (2009)
Affirmed verdict for employee in sexual harassment case.
Case of first impression by Nebraska Supreme Court heard: " We cannot conclude, as a matter of law, that the State exercised reasonable care to prevent and correct the sexual harassment..."
Garcia v. Monument Management Group, U.S. District Court, District of Nebraska 4:05 CV3139 (2006)
Summary Judgment granted in favor of employee on liability in gender and pregnancy discrimination case.
Danhauer v. J.K. Tooling, 8th Circuit Court of Appeals; Case No. 00-1736
Plaintiff's discrimination jury verdict affirmed on appeal without comment.
Community Activities:
Lancaster County Personnel Board Member;
2007-Present
City of Lincoln, Nebraska Charter Revision Committee Member;
2007-Present
Clyde Malone Community Center, Board of Directors;
2011-Present
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