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Emily A. Bushaw

Profile photo for Emily A. Bushaw
Profile photo for Emily A. Bushaw
Partner

Emily A. Bushaw

Known for resolving issues efficiently, Emily regularly wins summary judgment motions to help clients avoid lengthy and costly trials.

Emily Bushaw advocates for clients in employment litigation, arbitration, and counseling. She manages defense cases related to discrimination, harassment, retaliation, wage-and-hour class actions, as well as whistleblower, trade secret, and noncompetition disputes.

Emily emphasizes preventive strategies in her practice, advising employers on how to avoid litigation. She provides guidance on human resources issues, discipline and discharge, employee handbooks and policies, wage-and-hour law, employee classification issues, and arbitration and separation agreements. In particular, she counsels employers on how to comply with federal and state statutes, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, Family and Medical Leave Act, Fair Labor Standards Act, National Labor Relations Act, Washington Law Against Discrimination, Age Discrimination in Employment Act, Genetic Information Nondiscrimination Act, Worker Adjustment and Retraining Notification Act, and Uniformed Services Employment and Reemployment Rights Act.

Emily conducts workplace investigations and assists in the resolution of prelitigation harassment, discrimination, and retaliation charges before state and federal agencies such as the Washington State Human Rights Commission, the Equal Employment Opportunity Commission, and the U.S. Department of Justice's Immigrant & Employee Rights Section. She handles confidential internal investigations involving allegations of misconduct, including race, gender, and age discrimination; sexual harassment or assault; and immigration/citizenship status or national origin discrimination. Emily works as an impartial investigator while counseling businesses on key litigation defense and go-forward strategies. She also counsels corporate boards, legal departments, and human resources professionals through the investigation process, from initial allegation through its conclusion.

Maintaining an active pro bono practice, Emily helps clients obtain lawful immigration status in the United States and represents clients before the Washington State Clemency and Pardons Board.

Education & Credentials

Education

  • Gonzaga University School of Law, J.D., summa cum laude, Vested Associate Editor, Gonzaga Law Review, 2009
  • Western Washington University, B.A., Political Science, 2004

Bar and Court Admissions

  • Washington
  • U.S. District Court for the Eastern District of Washington
  • U.S. District Court for the Western District of Washington

Related Employment

  • Thurston County Prosecutor’s Office, Civil Division, Olympia, WA, Special Deputy Prosecuting Attorney, 2009-2010
  • Washington State Court of Appeals, Div. III, Spokane, WA, Judicial Extern for The Hon. Teresa C. Kulik, 2008
  • Perkins Coie LLP, Seattle, WA, Summer Associate, 2008

Professional Recognition

  • Listed as a "Rising Star" by Super Lawyers Magazine, 2016-2019

Impact

Professional Leadership

  • Washington Employment Law Letter, Editor

Professional Experience

Single Plaintiff Employment Litigation

Bakki v. The Boeing Company

U.S. District Court for the Western District of Washington
Defense summary judgment motion granted on all claims, including disparate treatment on the basis of race, aiding and abetting discrimination, retaliation, and wrongful discharge in violation of public policy.

Nahum v. The Boeing Company

U.S. District Court for the Western District of Washington
Defense summary judgment motion granted on all claims, including disparate treatment on the basis of race, hostile work environment in violation of Title VII, and defamation.

Leonard v. The Boeing Company

U.S. District Court for the Western District of Washington
Defense summary judgment motion granted on all claims, including disparate treatment on the basis of age in violation of the Washington Law Against Discrimination (WLAD) and breach of contract.

Handson v. Overlake Hospital Medical Center

U.S. District Court for the Western District of Washington
Defense summary judgment motion granted on all claims, including disparate treatment on the basis of race and disability in violation of Title VII and the Washington Law Against Discrimination (WLAD), failure to accommodate in violation of the ADA and the WLAD, retaliation, wrongful discharge, negligent infliction of emotional distress, and intentional infliction of emotional distress.

Kayky v. The Boeing Company

U.S. District Court for the Western District of Washington
Defense summary judgment motion granted on all claims, including hostile work environment, national origin discrimination, and retaliation.

Kearney v. The Boeing Company

U.S. District Court for the Western District of Washington
Defense summary judgment motion granted on all claims, including gender discrimination and retaliation under the Washington Law Against Discrimination.

Osborne v. The Boeing Company

U.S. District Court for the Western District of Washington
Defense summary judgment motion granted on all claims, including hostile work environment, discrimination and retaliation under the Washington Law Against Discrimination.

Lee v. General Dynamics Land Systems

U.S. District Court for the Western District of Washington
Defense summary judgment motion granted on all claims, including race discrimination and retaliation in violation of Title VII 42, U.S.C. Section 1981, and the Washington Law Against Discrimination.

Johnson v. General Dynamics Land Systems

American Arbitration Association
Defense summary judgment motion granted on all claims, including hostile work environment, race discrimination and retaliation under the Washington Law Against Discrimination.

Leodler v. Vulcan Inc., et al. / Benoit v. Vulcan Inc., et al. / Rosehaley v. Vulcan Inc., et al. / Turner v. Vulcan Inc., et al. / Sandoval v. Vulcan Inc., et al.

Superior Court of Washington, King County
Represented Vulcan and principals in litigation and arbitration arising over workplace disputes.

Class Action Litigation

Butler v. Holiday

Served as local counsel in class action involving alleged misclassification of exempt managers. Case dismissed.

Ginsburg, et al. v. Comcast

Defeated class certification in a putative wage-and-hour class action involving an alleged class of call center employees.

Lucke, et al. v. Comcast

Resolved individual claims prior to class certification in the defense of a putative wage-and-hour class action involving an alleged class of service technician employees.

Sharp v. Amazon

Serve as local counsel in wage and hour putative class action currently pending.

Mina v. Amazon

Serve as local counsel in wage and hour putative class action currently pending.

Wilson v. Independent Brewers United

King County Superior Court
Defense of proposed class action involving service charges and meal and rest breaks. Settled.

Noncompetition/Trade Secrets Litigation

Willis of Seattle v. Parker Smith & Feek, et al.

Superior Court of Washington, King County
Counsel for Willis Group in action alleging breach of non-competition agreements and related tort claims.

General Litigation

Post Consumer Brands, LLC v. General Mills, Inc.

U.S. District Court for the District of Minnesota
Successfully defeated motion for preliminary injunction in design patent infringement action, as lead defense counsel on behalf of defendant General Mills. After transfer of the action from the Eastern District of Missouri to the District of Minnesota, conducted two months of expedited discovery relating to plaintiff’s design patent infringement claim. The District of Minnesota denied the motion for preliminary injunction, holding that General Mills had raised a substantial question concerning the validity of plaintiff’s design patent.

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