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Meeting of July 18, 2012 – Public Input into the Development of EEOC's Strategic Enforcement Plan

Nancy Modesitt, University of Baltimore School of Law


University of Virginia School of Law, J.D., 1996
    Essay and Book Review Editor, Va. J. of Soc. Pol. & Law

Drew University, B.A., summa cum laude, Phi Beta Kappa, Sociology and Political Science, 1993


2007 - present     University of Baltimore School of Law
           Associate Professor (promoted from Assistant Professor in 2012)

  • Teach Torts, Employment Law, and Introduction to Lawyering Skills.
  • Service to law school includes:
    • Academic Standards Committee
    • Academic Review Committee
    • Appointments Committee
    • Building Committee
    • Ad Hoc Committee on Restructuring Peer Evaluation of Professors

2003 - 2006     American University, Washington College of Law        
                         Legal Rhetoric Program
                        Acting Academic Coordinator, 2005-2006

  • Taught Legal Rhetoric, Labor & Employment Law, and Contracts.
  • Developed the research curriculum for Legal Rhetoric, the first-year legal research, analysis, and writing program.
  • Service to law school included:
    • Admissions Committee
    • Moot Court Committee
    • Faculty Advisor, Journal of Gender, Social Policy & the Law
    • Faculty Advisor, ATLA student chapter
    • Supervising note/comment writing and externships


    • The Garcetti Virus, 80 U. Cinn. L. Rev. 161 (2011).
    • Reinventing the EEOC, 63 S.M.U. L. Rev. 1237 (2010).
    • The Hundred-Years War: The Ongoing Battle Between Courts and Agencies over the Right to Interpret Federal Law, 74 Mo. L. Rev. 949 (2009).
    • Wrongful Discharge: The Use of Federal Law as a Source of Public Policy, 8 U. Penn. J. Lab. & Empl. 623 (2006).
    • Whistleblowing: The Law of Retaliatory Discharge (2d ed. BNA 2004 & Supp. 2010) (with Daniel Westman)


    • Selected to present working draft of The Garcetti Virus at the Fifth Annual Seton Hall Labor and Employment Law Scholars Forum, October 2010.
    • Presented session to new law professors at the 2012 Legal Writing Conference on effectively teaching legal writing.


    • Virginia State Bar, admitted 1996
    • Connecticut State Bar, admitted 1998
    • Legal Writing Institute
    • University of Virginia School of Law, Alumni Council


    2002 - 2003      Attorney-Advisor, U.S. Department of Justice
              Executive Office for United States Attorneys,           General Counsel’s Office, Washington, DC
    • Represented United States Attorneys’ Offices in matters pending in federal court as well as before the Equal Employment Opportunity Commission and Merit Systems Protection Board.
    • Litigation experience included drafting motions and briefs, including appellate briefs, as well as taking and defending depositions.
    • Advised United States Attorneys and senior managers on handling employment discrimination claims, employee disciplinary matters, and ethical obligations of attorneys.

    2002    Attorney, Akin, Gump, Strauss, Hauer & Feld McLean, VA, 2002

    • Provided advice to and drafted pleadings, motions, and discovery for large companies with regard to employment disputes pending in federal and state courts, including claims of sex, race, and national origin discrimination, as well as claims involving sexual harassment, unfair trade practices, defamation, and malicious prosecution.

    1999 - 2001 Associate, Cooley Godward LLP Reston, VA

    • Represented technology companies and venture capitalists in employment law matters.
    • Negotiated and drafted employment agreements, non-competition agreements, and intellectual property assignment agreements.
    • Advised clients on the applicability and interpretation federal wage and hour laws, employment discrimination laws, the Family and Medical Leave Act, and trade secret and non.competition matters.
    • Litigated employment cases involving stock option issues, defamation claims, non.competition agreements, and employment discrimination claims.

    1998 - 1999 Associate, Hunton & Williams McLean, VA

    • Litigated employment cases in federal and state courts, including cases involving sex discrimination, enforcement of non.competition covenants, and unfair business practices.

    1996-1998 Law Clerk, Alexandria Circuit Court Alexandria, VA

    • Prepared bench memoranda and assisted in handling all civil and criminal matters, including cases involving domestic relations, child and spousal support matters, general commercial litigation, and Fourth Amendment issues.
    • Organized and maintained docket for civil motions practice.