Kelly Ann Bird

Kelly Ann Bird devotes the majority of her practice to employment and labor litigation and counseling on behalf of management. Her experience includes defending discrimination, harassment and whistleblower claims, wrongful discharge, tort and contract claims, and litigating restrictive covenant and trade secret matters. Ms. Bird also represents individual officers, directors, and employees who have been sued personally for discrimination, sexual harassment, wrongful discharge and related tort and contract claims. Her experience involves proceedings in federal and state courts, and state and federal civil rights agencies, as well as arbitrations and mediations of employment and labor disputes. Ms. Bird regularly conducts investigations of complaints of harassment and discrimination, and advises clients on conducting such investigations. She also counsels clients on employment and labor law issues, such as ADA and other equal employment issues, wage and hour requirements, COBRA compliance, and hiring and termination decisions. In conjunction with her counseling, Ms. Bird works with clients to develop and draft employment policies and procedures, contracts and handbooks which fit their business needs. In addition, she conducts training on harassment and discrimination for employees of all levels.

Seton Hall University Law School (J.D., 1995)

College of the Holy Cross (B.A., 1988)
University of Virginia (M.A.T., 1991)

State of New Jersey 1995

United States District Court for the District of New Jersey 1996

April 13, 2005, appointed to serve on the Human Resources Committee of the New Jersey Bankers Association with a term through March 30, 2008

Adjunct Professor, Seton Hall University School of Law (August 1999 to January 2003)

Member, New Jersey State Bar Association, Labor and Employment Law Section

Member, American Bar Association
Litigation Section: Woman Advocate Committee

Member, State Membership Coordinator
Labor and Employment Law Section: EEO Committee
and State Labor and Employment Law Development Committee

"Expanded Leave Laws Can Lead to Abuses: What New Jersey Employers Need to Know," Commerce, February 2009

"Retaliation/Discrimination or Interference
Why It Matters Under the FMLA," Municipal Lawyer, January/February 2008

"Retaliation/Discrimination or Interference: Why It Matters Under the FMLA," The Metropolitan Corporate Counsel, July 2007

"Employment Practices Training: A Win-Win," Garden State Woman, 2007

"Words of Wisdom," The WOMAN Advocate Newsletter - American Bar Association Section of Litigation, Vol. XI, Winter, 2005 (Kelly Ann Bird, Geraldine E. Ponto)

"When Non-Competes are Non-Retaliatory," New Jersey Lawyer, October 25, 2004 (Kelly Ann Bird, Douglas E. Arone)

"Does Your Settlement Agreement Insure "Peace?"," The Employment and Labor Law Alert, February 13, 2004

"EEOC Fast Sheet Explains Prospective Employees' Rights Under the ADA," The Employment and Labor Law Alert, November 26, 2003

"Supreme Court Clarifies Prima Facie Burden to Whistleblowers," The Employment and Labor Law Alert, October 9, 2003

"Supreme Court Holds that Plaintiffs Are Entitled To A "Mixed Motive" Jury Instruction In All Title VII Cases," The Employment and Labor Law Alert, July 9, 2003

"Employer's Subjective Test of Performance Sustained as Basis for Contract Termination," The Employment and Labor Law Alert, March 25, 2003

"Per Se Liability for Business Owners Under Fair Housing Act Rejected," The Employment and Labor Law Alert, February 14, 2003

"Damages Available Under Law Against Discrimination and Wage and Hour Law for Uncompensated Overtime Required of Handicapped Employee," The Employment and Labor Law Alert, January 8, 2003

"Balancing of Value of EEOC Determination Permitted Prior to Evidentiary Use in Subsequent Litigation," The Employment and Labor Law Alert, November 1, 2002

"Sexual Harassment Investigation Can Be Proof of Wrongful Discharge," The Employment and Labor Law Alert, October 1, 2002

"New Jersey Supreme Court Adopts United States Supreme Court's Framework for Continuing Violation Doctrine," The Employment and Labor Law Alert, September 4, 2002

"ERISA Meets the Computer Age (Finally!)," The Employment and Labor Law Alert, May 1, 2002

"United States Supreme Court Precludes Invocation of ERISA to Obtain Reimbursement of Benefits," The Employment and Labor Law Alert, January 25, 2002

"What Employers Need to Know to Establish Evacuation Plans for Employees with Disabilities," The Employment and Labor Law Alert, December 21, 2001

"Third Circuit Embraces Department of Labor Guidelines as Test for Corporate Liability Under the WARN Act," The Job Description, Defense Research Institute Employment Law Committee Newsletter, Fall, 2001

"Third Circuit Embraces Department of Labor Guidelines as Test for Corporate Liability Under the WARN Act," The Employment and Labor Law Alert, September 26, 2001

Interviewed in "Let's Talk Labor Law," GC Mid-Atlantic, June 1, 2007

Quoted in "Internet Usage Policies: Rules are Required for Workplace Web Activities," New Jersey Business, March 2005

Speaker, New Jersey Business & Industry Association, "The Nuts & Bolts - 10 Things That Should Be in Your Handbook," Iselin, NJ. May 2, 2008

Speaker, The Gibbons Women's Initiative, "Whistleblower Laws: Corporate Opportunity for Improvement" Newark, NJ. March 14, 2006

Speaker, Gibbons Women's Initiative, Whistleblower Laws: Corporate Opportunity for Improvement, March 14, 2006

Speaker, New Jersey Bankers Human Resources Committee, The Impact of Sarbanes Oxley on Human Resources Departments, January 17, 2006

Speaker, Gibbons' Employment Roundtable on "Post Employment Restrictions" Newark, New Jersey, June 8, 2005 and New York, New York, June 15, 2005

Listed as Super Lawyers Rising Star, Employment Litigation

State of New Jersey, Committee on Character, Appointment by the Supreme Court of New Jersey, July 2006

Tribute to Women and Industry, "TWIN" Award, April 2004