Kelly Ann Bird

Kelly Ann Bird provides counseling services to help employers create a legally compliant workplace as well as a more productive and efficient workforce, by counseling on key employment and human resources issues, and litigating as necessary in these areas.

Her areas of focus include:

  •  Developing, drafting, and assisting in implementation of employment policies, procedures, handbooks and contracts
  • Providing advice on equal employment, hiring, performance management, termination and leave issues
  • Conducting workplace training on a variety of topics
  • Handling and advising on workplace investigations and responses to employee complaints
  • Defending management in litigation relating to discrimination, harassment, whistleblower, wrongful discharge, tort, and contract claims
  • Representing 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.


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

College of Holy Cross (B.A.,1988)

University of Virginia (M.A.T., 1991)

Professional Admissions
State of New Jersey 1995

United States District Court for the District of New Jersey 1996

United States Court of Appeals for the Second Circuit, 2011

Professional Activities

ECBA Chair of the Task Force on Diversity in the Legal Profession<

New Jersey Women Lawyers Association
Co-Chair, Programming Committee, July 2010-July 2012
Co-Chair, Women's Leadership Committee, July 2012-July 2014

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, Labor and Employment Law Section: EEO Committee and State Labor and Employment Law Development Committee

Publications
"N.J.’s Pregnant Worker’s Fairness Act: The Impetus, Impact and Hidden Benefits for Employers," New Jersey Law Journal, March 17, 2014 (Kelly Ann Bird, Marisa N. Hourdajian)

"Mediation Can Be the Antidote for Costly Litigation," New Jersey Law Journal, December 9, 2013 (Kelly Ann Bird, Susan L. Nardone)

"The Case For Getting Aggressive With Workplace Bullies," The Metropolitan Corporate Counsel, September 2013 (Kelly Ann Bird, Lindsay J. Jarusiewicz)

"NLRA Impact on Non-Union Workplace Policies to Continue into 2013," Employment Law Alert, February 14, 2013

"Fourth Circuit Says Preferential Treatment for Pregnant Employees Not Required," Employment Law Alert, January 22, 2013

"Employment Policies and Training: Why They Make Sense Now," NJCCA Newsletter, October, 2012

"Easy Fixes To Flawed Investigations," The Metropolitan Corporate Counsel, September 2012

"U.S. Department of Labor Publishes Proposed Rules for Military FMLA," Employment Law Alert, February 8, 2012

"Safeguarding the Decision-Making Process in Employee Actions," NJCCA Newsletter, September, 2011

"Can A USERRA Claim Be Released As Part Of A Separation Agreement?," Employment Law Alert, June 27, 2011

"The Gibbons Employment Academy Webinar Series - Disability and Reasonable Accommodations," Employment Law Alert, June 23, 2011

"Can a USERRA Release be Bullet-Proof?," New Jersey Labor & Employment Law Quarterly, New Jersey State Bar Association, June 2011 (Kelly Ann Bird, Zeenat Basrai)

"Introducing the Gibbons Employment Academy Webinar Series," Employment Law Alert, May 23, 2011

"Follow the Leader: A Checklist of Characteristics Common to Female Leaders in the Legal Profession," New Jersey Women Lawyers Association Platinum Gala, March 30, 2011

"Focus on Training in 2011," Employment Law Alert, January 13, 2011

"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

Quotes/Interviews
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

Speaking Engagements
Speaker, Gallagher Bollinger & Gibbons P.C., "HR, PPACA and Recent Employment Law Developments," Springfield, NJ. April 8, 2014

Speaker, Gibbons P.C., "Bullying: When Workplace Conduct Crosses the Line," Newark, NJ. March 12, 2014

Speaker, Gibbons P.C., "The Third Annual Employment & Labor Law Conference: Getting Aggressive with Workplace Bullies," East Hanover, NJ. February 12, 2014

Speaker, Gibbons P.C., "Settlement Strategies" May 2, 2013

Speaker, Gibbons P.C., "The Impact of Government Agencies on the Workplace," Newark, NJ. April 10, 2013

Moderator, Gibbons P.C. and Women in E-Discovery, "A Social Media Discussion Among 'Friends,' " Newark, NJ. March 19, 2013

Speaker, Gibbons P.C. , "The Second Annual Employment & Labor Law Conference: Government Enforcement Priorities," Newark, NJ. February 6, 2013

Speaker, Gibbons P.C., "Employment & Labor Law Department's Year in Review: Employee Leave Laws and Disability 'Redefined,' " Newark, NJ. February 16, 2012

Speaker, New Jersey Business and Industry Association, “Putting It All Together: When Leave and Income Replacement Laws Intersect,” Eatontown, NJ. July 28, 2011

Speaker, Gibbons P.C., "Hiring Practices," June 1, 2011

Speaker, New Jersey State Bar Association Annual Conference, Women in the Profession Section, “Reaching for the Stars,” Atlantic City, NJ. May 18, 2011

Speaker, New Jersey Business and Industry Association, “Hiring, Firing Pitfalls and Employee Evaluations,” Eatontown, NJ. February 18, 2011

Moderator, Gibbons Women's Initiative, "Make an Appointment for Your Financial Checkup," Newark, NJ. October 6, 2010

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, 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

Honors/Awards*
Listed in Chambers USA Guide to America's Leading Law Firms, Labor & Employment, 2014

Chair, Part VI of the State of New Jersey, Committee on Character, Appointment by the Supreme Court of New Jersey, July 2014
State of New Jersey, Committee on Character, Appointment by the Supreme Court of New Jersey, July 2006-July 2014

Listed in Super Lawyers, Employment & Labor, 2014
Top 50 Female Attorneys in New Jersey, 2014

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


*No aspect of this communication has been approved by the Supreme Court of New Jersey. Further information about methodologies for rating or selecting attorneys is available on our website’s Award Methodology page.

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Kelly Ann Bird Attorney at Law
Kelly Ann Bird
Director
Employment & Labor Law

Contact Information
One Gateway Center
Newark, NJ 07102-5310

Direct: 973-596-4881
Fax:      973-639-6372
kbird@gibbonslaw.com
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