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Marilynn SchuylerSchuyler Affirmative Affiliation Practice

About

Thirty years of conflict resolution, from three different chairs.

Litigator, advisor, neutral. Each one taught something the others could not.

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I began in equal employment opportunity work in 1988 and spent more than ten years at the U.S. Department of Labor. At the Office of Federal Contract Compliance Programs I served as Assistant District Director in the Oakland district office, and in the San Francisco regional office as OFCCP Liaison and Regional Civil Rights Officer.

I then crossed to the other side. For four years I ran systemwide EEO compliance for the Office of the President at the University of California. At Morgan Lewis & Bockius I was a Senior Attorney advising employers through federal audits, EEO complaints, and the ordinary friction of managing people.

Somewhere in those decades a pattern became obvious. Most workplace disputes are not really about the legal question. They are about someone feeling unheard, a manager who handled a conversation badly, or two reasonable people with incompatible accounts of the same meeting. Litigation is a poor instrument for any of that. It is slow, it is public, it costs more than the underlying disagreement is worth, and it usually ends the relationship.

Mediation is the better instrument, and it has been part of my practice for over twenty years. The training started even earlier: at Georgetown Law I took first place in the school’s inaugural Negotiations Competition.

I mediate remotely across the United States and in person throughout the San Francisco Bay Area, where my enforcement career began.

Mediation practice

Where the mediation experience comes from

Court-appointed

Mediated civil litigation and landlord–tenant matters for the D.C. Superior Court’s Multi-Door Program from 2003 to 2014.

Federal sector

Ran alternative dispute resolution at HUD and mediated for other federal agencies; established the mediation program for the Department of Labor’s San Francisco region.

Certified

Certified Mediator through the Justice Center of Atlanta and Certified Attorney Mediator through the San Francisco Bar Association.

Career

Every seat at the table

2023 – present

Associate Counsel

Defense Logistics Agency, Tracy, CA

Labor and employment trial attorney before the EEOC, MSPB, FLRA, and arbitrators. Mediate disputes between employees and agency officials, including pre-mediation counseling and post-session follow-through.

2022 – 2023

Of Counsel

Fisher & Phillips LLP, San Francisco, CA

Advised federal contractors on compliance, pay equity, and reduction-in-force analysis. Presented at national conferences and led an attorney team drafting an amicus brief to the U.S. Supreme Court.

2010 – 2022

Principal

Schuyler Affirmative Action Practice

Founded and ran the firm, tripling billings in the first four years. Concurrently served as a mediator for the D.C. Superior Court Multi-Door Program, handling civil litigation and landlord–tenant matters.

2004 – 2010

Director of Affirmative Action Program Development

Morgan, Lewis & Bockius LLP, Washington, D.C.

Rebuilt and led the practice group, mentoring a team of eight attorneys and staff. Mediated landlord–tenant disputes through the D.C. Multi-Door Program.

2002 – 2004

Acting ADR Manager / ADR Specialist

U.S. Department of Housing and Urban Development

Supervised three specialists in the agency’s alternative dispute resolution program, advised managers and employees through every phase of the complaint process, and mediated for other federal agencies.

2001 – 2002

Affirmative Action Officer

Office of the President, University of California

Built and ran the systemwide affirmative action and reasonable accommodation programs, handled sensitive employee complaints, and used mediation to resolve conflicts between employees.

1998 – 2001

Assistant District Director

U.S. Department of Labor, OFCCP, Oakland, CA

Led a staff of eight across hundreds of compliance investigations annually. Earlier, as San Francisco Regional Civil Rights Officer, established the region’s mediation program.

Recognition & service

  • AAAED President’s Award — 2013, 2015, 2017, 2020, 2021
  • Secretary’s Award for Exceptional Achievement, U.S. Department of Labor, 2001
  • Special Achievement Award, U.S. Department of Labor, 1993
  • First Vice President and Board Member, AAAED, 2012–2022
  • President, Washington Metro Industry Liaison Group, 2010–2014
  • Chair, Contra Costa County Advisory Council on Equal Employment Opportunity, 2015–2021

Selected writing

  • Amicus brief for AAAED, SFFA v. Harvard and SFFA v. University of North Carolina \u2014 Counsel of Record, 2022
  • Amicus briefs for AAAED, Fisher v. University of Texas \u2014 Counsel of Record, 2012 and 2015
  • Evaluating ADR Programs: A Handbook for Federal Agencies, 1995
  • A Cost Analysis of the Department of Labor\u2019s Philadelphia ADR Pilot Project, 1993

Tell me what the dispute is about.

A first conversation costs nothing and is confidential. If mediation is not the right fit, I will say so.