Jonathan Mayes

Jonathan (Jon) Mayes is a partner in the Labor and Employment Law Group and the Education Law Group, representing public and private entities in labor and employment issues and litigation.

Jon advises clients on a wide array of matters including employment and labor-related issues, tort claims, and contract claims. Prior to joining the firm, Jon served the City of Indianapolis as the deputy director and special counsel for the Department of Public Safety and as the chief litigation counsel to the City of Indianapolis. Before joining the City of Indianapolis, Jon served as corporation counsel for the City of Kokomo, Indiana, following his private practice at another Indianapolis law firm.

Jon has represented clients at both the trial level in state and federal courts and before the U.S. Court of Appeals for the Seventh Circuit, Indiana Supreme Court, and Indiana Court of Appeals. Jon has also represented clients in dozens of matters before the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, Indiana Civil Rights Commission, Indiana Department of Workforce Development’s tax and unemployment divisions, the U.S. Department of Education Office for Civil Rights, the U.S. Department of Labor Office of Compliance and Contract Programs (OFCCP), and the Indiana Education Employees Relations Board.

Jon is admitted to practice law in the state of Indiana. He is admitted before the United States Supreme Court, the U.S. Court of Appeals for the Seventh Circuit and the Federal Courts for the Northern and Southern Districts of Indiana.

• Defended school corporation in district-wide compliance review by the U.S. Department of Education Office for Civil Rights alleging disparate impact and disparate treatment with respect to race in student discipline
• Successfully represented former chief executive officer in high-profile two week jury trial and subsequent post-trial judgment proceedings under ERISA where the CEO’s previous employer, a publicly-traded company taken private by a private equity firm, sought damages of over $7 million under fraud, contract and ERISA claims and unsuccessfully sought to avoid executive compensation agreement obligations
• Represented chief executive officer, chairman emeritus, and majority shareholder in claims brought by U.S. Department of Labor alleging breach of fiduciary duty and improper valuation of stock in relation to Employee Stock Ownership Program
• Successfully represented an Indiana trial court at jury trial of Title VII gender discrimination claims in U.S. District Court
• Obtained summary judgment dismissal of all claims against public sector client under 42 U.S.C. § 1983 and secured favorable jury verdict in negligence claims in the U.S. District Court
• Successfully defended summary judgment dismissal before the U.S. Court of Appeals on unique “gender-plus” discrimination claims
• Lead counsel in negotiating global settlement with the U.S. Department of Justice in dissolving a client’s thirty year consent decree arising from 1978 gender and race discrimination claims, resolving the United States’ high-profile and public reverse discrimination claims, and litigating multiple private plaintiffs’ individual claims under Title VII and 42 U.S.C. § 1983
• Obtained dismissal in U.S. District Court at the pleading stage of disparate impact, 42 U.S.C. § 1981, Indiana Constitutional, and certain disparate treatment claims by dozens of current employees for large employer and successfully opposed two attempts by plaintiffs to temporary restrain and preliminarily enjoin employment practices in high-profile case. The Seventh Circuit subsequently affirmed the dismissals on appeal.
• Lead counsel before the Indiana Supreme Court vacating Indiana Court of Appeals decision involving employee defamation claims prohibited by the ecclesiastical abstention doctrine
• Successfully represented municipal client in defending complex constitutional challenges to taxing of sewer and wastewater services through Indiana courts that was affirmed on appeal by the U.S. Supreme Court, Armour v. City of Indianapolis, 566 U.S. 673  (2012), negating class-action claims venued in U.S. District Court
• Defeated Fed. R. Civ.P. 23(b)(2) class certification in civil rights case before the U.S. District Court and obtained denial of Fed. R. Civ.P. 23(f) review by the U.S. Court of Appeals
• Obtained dismissal of dozens of claims in U.S. District Court at the pleading and summary judgment stages, including claims under the ADA, ADEA, Title VII, retaliation claims, claims under 42 U.S.C. § 1981, and claims under 42 U.S.C. § 1983
• Represented client in lawsuit by competitor alleging breach of employee non-compete agreements and extracted favorable settlement terms after filing counterclaims and a cross-motion for preliminary injunction
• Negotiated dozens of favorable settlements of claims in litigated matters
• Represented schools at the bargaining table in negotiations with teachers unions, including mediation of collective bargaining proposals
• Prosecuted numerous teacher cancellation cases
• Advised numerous clients on OFCCP compliance issues and represented clients in OFCCP audits and compliance reviews