Rachel S.D. Gale

Rachel Gale represents employers in a wide variety of workplace disputes and provides practical advice on navigating complex labor and personnel issues. She has particular experience working with employers in the health care, technology, life sciences, and education industries. Her practice includes representing employers before administrative agencies; conducting workplace investigations; counseling employers regarding workplace policies and agreements; and litigating disputes in state and federal court, including claims of discrimination, harassment, failure to accommodate, wrongful termination, whistleblower retaliation, and defamation, among others. She also counsels educational institutions on Title IX and Title VI, responding to student complaints, and navigating issues relating to free speech and harassment.

Education

University of California, Berkeley, School of Law, J.D., 2019; Articles Editor, California Law Review; Online Editor, Journal of Middle Eastern & Islamic Law

Reed College, B.A., Anthropology, 2014; Phi Beta Kappa

Admissions

Oregon

Washington

Languages

Employment Litigation Defense

• Defense of health care client in COVID-19 vaccine lawsuits involving claims of religious and disability discrimination, including extensive dispositive motions practice and case management
• Assisted successful effort to defeat class certification in significant data breach case against large hospital system
• Represented health care client in complex employment discrimination trial by preparing jury instructions, drafting pretrial motions, and providing key guidance regarding damages
• Represented large public entity in lawsuit alleging claims of hostile work environment, discrimination, and whistleblower retaliation, resulting in a favorable pretrial settlement
• Pro bono representation of protesters who were injured or unlawfully arrested by law enforcement while peacefully exercising their First Amendment rights

Employment Policy Development and Compliance Counseling

• Regularly advise employers on workplace policies and agreements, including employee handbooks, non-competition covenants, and separation agreements
• Provide pre-litigation advice and representation in sensitive personnel matters, including terminations and demotions
• Conduct and advise on internal investigations regarding potential harassment, discrimination, retaliation, and other misconduct

Education Institution Compliance and Title IX Counsel

• Counsel postsecondary institutions on Title VI obligations and provide representation in Department of Education investigations
• Review and advise on postsecondary institutions’ Title IX policies
• Represent postsecondary institutions in investigations by educational accrediting bodies

Insights & Presentations

• “Major Court Decisions and Legal Updates,” SHRM/Stoel Rives 22nd Annual Labor and Employment Law Conference, March 2024
• Presenter, “The Compliance Blueprint for AI in the Workplace: Avoiding Discrimination,” Continuing Legal Education Seminar, 2024
• Panelist, “Reproductive Surveillance,” Lewis & Clark Law School Data Privacy Forum, 2023
• Panelist, “Data Privacy & Democracy,” Lewis & Clark Law School Data Privacy Forum, 2022

Professional

• California Law Review, Articles Editor
• Journal of Middle Eastern and Islamic Law, Online Editor