Melanie V. Pate

Overview

Melanie Pate, a partner in the firm's Litigation practice group, focuses primarily on Labor and Employment issues. She spent 15 years working in the Arizona Attorney General's Office, including six years as a Section Chief and Chief Counsel of the Arizona Civil Rights Division and nine years as an Assistant Attorney General in the Employment Law Section. Melanie has more than 24 years of experience in representing public and private employers of all sizes and across a wide variety of industries, and she specializes in helping employers prevent litigation through preventative counseling and proactive risk management strategies.

Employment Law Advice and Representation

Melanie provides emergency advice, preventative counseling, training, and ongoing employment guidance to HR Directors and in-house counsel. She prepares, reviews, negotiates and enforces employment contracts and severance agreements, including non-disclosure, non-compete and non-solicitation provisions, and executive compensation agreements. She also helps her clients prepare and update employee handbooks, create social media usage policies, and implement effective performance management policies and practices.

Administrative Proceedings Before EEOC and ACRD

Melanie routinely represents clients in proceedings before the U.S. Equal Employment Opportunity Commission (EEOC) and the Arizona Civil Rights Division (ACRD), including mediation and conciliation sessions.

By leveraging her past experience as the ACRD’s Chief Counsel, she helps her clients develop defense strategies that take into account how state and federal civil rights agencies make administrative rulings on employment law matters.

Employment Litigation and Arbitration

Melanie has significant experience representing employers in cases in state and federal court and arbitration involving discrimination, sexual harassment, retaliation, FMLA, FLSA, OSHA, whistleblower and immigration issues.

Recently, she:

• Obtained summary judgment for a large national employer in a workers’ compensation retaliation case
• Obtained summary judgment for a tribal employer in a national origin discrimination case
• Successfully negotiated the favorable resolution of a lawsuit filed against a large Tucson employer by a former executive
• Conducted several complex internal investigations for large public and private employers

Americans with Disabilities Act (ADA) Accessibility

Melanie helps public and private organizations navigate and interpret complex federal rules and regulations regarding ADA Title II and Title III accommodation and accessibility issues. Recently, she assisted a major airline with an ADA accessibility issue and represented multiple entities in website accessibility litigation matters.

Fair Housing Laws

In addition to her employment law practice, Melanie helps housing providers, state agencies, property managers and real estate companies comply with state and federal Fair Housing laws. She recently represented the Arizona Department of Housing in a dispute with HUD regarding appropriate housing for deaf and hearing-impaired individuals.

Personal Approach

Melanie has a talent for strategic thinking, risk management, and problem evaluation. She committed to employment law during her first year out of law school and she has since dedicated herself to fully understanding employment laws, policies, best practices, and the ever-changing obstacles employers face. Melanie’s competitive edge is her natural ability to connect with clients, her passion for resolving issues, and her skill at anticipating potential risks. Melanie is highly regarded by her colleagues and clients for being unflappable and professional, even in the most difficult cases with the most challenging opponents.

Melanie’s father was an attorney and her uncle was a magistrate judge in northern Arizona, so problem-solving is in her blood. In her free time Melanie follows politics, enjoys reading historical biographies, likes to travel, and enthusiastically attends her kids’ basketball games.

Memberships & Affiliations

• State Bar of Arizona Labor and Employment Section, Executive Council Member, 2015-2023; Budget Officer, 2020-2021; Secretary, 2019-2020; CLE Committee Chair, 2015-2016
• Arizona Commission on Judicial Performance Review, Attorney Member, 2020-2021
• American Bar Association Labor and Employment Law Section
• Arizona Association of Defense Counsel, Board Member, 2014-2015
• Arizona Attorney, Editorial Board, Past Member