The POWER 30: Lawrence Schaefer

Lawrence Schaefer launched his employment discrimination career by working on the iconic Minnesota case Jenson v. Eveleth Taconite Co., decided in 1997, the first class-action sexual harassment lawsuit in the United States. The class was certified by Judge James Rosenbaum. After a special master awarded the members, whom he called “histrionic,” about $10,000 each, the 8th Circuit reversed and the case subsequently settled for $3.5 million. The appellate court characterized the harassment as “egregious, to say the least.” The opinion clarified that the defendant takes the victim as he finds her when it comes to assessing damages.

Since then Schaefer has continued to advocate for the rights of employees through individual and class action work at the law firm Schaefer Halleen in Minneapolis.

In Hilligoss v. Cargill, the Minnesota Supreme Court affirmed a jury finding that Schaefer’s client was not fired for cause and affirming a “just cause” standard for termination. The court awarded $506,956 in damages. The take-away from that case is that there was less deference to the company’s position, Schaefer said.

And in Hempel v. Nor-Son, the Court of Appeals in an unpublished opinion overturned a grant of summary judgment to the employer on a promissory estoppel claim.

Schaefer now represents a doctor in a case that he said could be significant for physician’s rights. A neurosurgeon lost his privileges as a result of a “tainted” peer review process. The District Court dismissed the case on summary judgment and it is pending at the 8th Circuit.

Schaefer has a wide practice representing medical professionals throughout the country. In today’s market, most physicians are employed by large entities and have the same rights other employees have, Schaefer said.

Medical professionals may have claims resulting from having to work in dangerous conditions during the pandemic, without protective equipment and safety protocols. “There are plenty of institutions that cut corners,” he said.

Schaefer believes that as a result of COVID-19, employees may gain greater rights to accommodations. He also believes that employees are increasingly aware of the right to a safe workplace and are willing to push to see that enforced. They are assisted by the Occupational Safety and Health Administration and its anti-retaliation provisions.

And like many other lawyers, he sees the cultural forces at work, including #MeToo and Black Lives Matter, along with a more diverse leadership nationally and increased power of labor as “positive signs all over” for a renaissance in employee rights.