Mark I Schickman

Mark Schickman has been practicing labor and employment law for 45 years. He has successfully litigated almost every type of employment case in the courts, before juries and administrative agencies and on appeal. He is a popular and engaging trainer, and provides employment advice to employers across the country. 

Mark is also an experienced and effective litigator, doing civil commercial trial work before judges and juries. He speaks and writes on litigation and employment law nationally, and has been quoted in legal and general circulation publications across the country. 

For decades, Mark has been committed to the bar and to the community, holding leadership positions in the San Francisco, California and  American Bar Associations, promoting pro bono and public service locally and nationally and leading a wide range of community institutions.  He has developed and promoted policies aimed at eliminating discrimination and harassment in employment, and the promotion of first amendment constitutional values of free speech and association.

Mark is a member of the American Arbitration Association's select panel of employment law arbitrators and is Editor of the California Employment Law Letter

Professional and Civic Positions Held

California Judicial Nominees Evaluation Commission, Chair

California Bench-Bar Coalition, Chair

Bar Association of San Francisco, President

State Bar of California, Board of Governors

California Young Lawyers Association, President

Volunteer Legal Services Program, President

American Bar Association, Board of Governors, Executive Committee

American Bar Association, Chair, Program and Planning Committee

American Bar Association, Chair, Section on Individual Rights and Responsibilities/ Section of Civil Rights and Social Justice

American Bar Association, Chair, Standing Committee on Pro Bono and Public Service

American Bar Association, Co-Chair, Presidential Task Force to Combat Antisemitism

American Bar Association, Chair, Commission on Domestic and Sexual Violence

American Bar Association, Commission on Minorities in the Profession

American Bar Association, House of Delegates, Rules and Calendar Committee

National Conference on Uniform State Laws, Advisor to Drafting Commission on [Proposed] Uniform Employment Termination Act

Jewish Community Relations Council, President

California Jewish Public Affairs Committee,  Chair

Holocaust Center of Northern California, President

Israel Center Of Northern California, President

Education

Columbia University  in the City of New York

• Columbia Law School, J.D., 1974
  Harlan Fiske Stone Scholar
  Whitney North Seymour Medal
  Jerome Michaels Jury Cup

• Columbia School of International Affairs, International Fellow, 1973

• Columbia College, B.A., 1971

Practice Areas

• Commercial Civil Litigation

• Providing Labor and Employment Advice

Establishing compliant documentation

    Employer counseling and training

Preventive advice 

Drafting employee handbooks, personnel policies, and procedures

Drafting leave policies

State and Federal wage and hour law compliance 

• Employment Litigation and Appeals

Sexual or other Harassment

Discrimination based on: Sex, Age, Race, Religion, Sexual Orientation, Origin or Ancestry 

Disability Discrimination and Accommodation

Retaliation

Wrongful Discharge

Breach of Employment Contract

Wage/Hour and Meal/Rest Break Violations

Labor Code Violations

Class and PAGA Claims

Unfair Competition

Bar Admissions

• Supreme Court of California, 1974

• United States Supreme Court, 1982

• Ninth Circuit Court of Appeals, 1974

• United States District Courts: California (1974); Illinois (1996); Arizona (1997)

Speeches and Publications (selected)

Editor, California Employment Law Letter, 2001 to present

Author, “California Legislation Regarding the Employment of Older Workers,” American Bar Association Symposium Handbook for Lawyers and Personnel Practitioners

“Wage and Hour Issues in California,” “Human Resources Fundamentals,” Lorman Education Seminars

"Complying with California's All-Inclusive Discrimination Laws",  BLR Seminar

“Unlawful Workplace Sex Harassment", BLR Seminar

“FMLA Compliance”, BLR Seminar

“Workplace Investigations”, BLR Seminar

“Stop Sexual Harassment: An Interactive Training for Supervisors”, H.R. Hero

Author, “Sexual Harassment: The employer's role in prevention”, 13 Compleat Lawyer. 24 (1996)

Author, “The McDonnell-Douglas Test in Jury Actions Brought Under the Age Discrimination in Employment Act of 1967,” 32 Hastings L.J. 1239, (1981)

FMLA/CFRA Master Class

An Introduction to California's Employment Law, Advanced Employment Issues Symposium

ADA Compliance Master Class

How to Address the New Sexual Harassment

 Representative Cases

• Bradford v. Crown Cork and Seal (defense jury verdict on claims of disability discrimination and violation of the California Family Rights Act)

• Sherry v. Roseville (summary judgment of claims of age discrimination and disability discrimination)

• Lederer v. Argonaut (defense of Equal Pay Act and gender discrimination claims)

• Jensen v. SECORP ( defense of meal break, rest break and overtime class action)

• Shasby v. Amalfi (summary judgment of age discrimination claims)

• Kovatch v. California Casualty (summary judgment of wrongful discharge and sexual orientation discrimination)

• FWM v. JGC ( multi-million dollar award for breach of wine distribution contract  )

• Ling v. CableAmerica Corp. (defense verdict of breach of contract and employment discrimination claims)

• Kell v. Coldwell Banker (defense of age discrimination)

• Cravens v. Schwab (defense of discrimination claims against employer and personnel services company)

• Partridge v. KTVU (defense of wrongful termination action)

• Brzezinski v. SPCA (defense of claims of fraud and misrepresentation (§ 970) in hiring)

• O'Keeffe's, Inc. v. Calsak (jury verdict for client prosecuting a product liability claim)

• Davis v. Droke/Levy v. Urbach  (class action claim for hazardous duty claim)

• Selvin v. Berns (enforcement of contract)

• Phillips Farms v. Frank Lin (award of damages  for wine sold and delivered, and defense verdict of distributor’s wrongful termination counterclaim)

• Cuvaison v. Paterno Importers (defense award in wrongful termination of distributorship claim)

• Bowmont v. Scottish & Newcastle (defense of claim of breach of distributorship agreement)

• Wine Warehouse v. Golden State Cider ( award of over $7,700,000 in contract damages for distributor, and defense of cider supplier's counterclaim )

Prior Experience (Selected)

• Partner, Freeland Cooper & Foreman LLP

• Partner, Perkins Coie, LLP

• Partner, Cooper, White and Cooper, LLP

• Partner, Fox and Grove, Chartered