First Admitted: 2007, Iowa

Bar/Professional Activity:

Verdicts/Settlements (Case Results):

Was co-counsel for the class plaintiffs in Fogg v. Garland, which in September 2023 received preliminary approval for a $15 million settlement to resolve a nearly 30-year-long racial discrimination complaint against the U.S. Marshals Service ("USMS"). The complaint, originally filed in 1994, alleged that the USMS discriminated against African Americans in its promotions, recruitment, and hiring policies for Deputy U.S. Marshals positions. Fogg v. Garland overcame numerous legal hurdles and appeals to win class certification from the Equal Employment Opportunity Commission (“EEOC”). The class encompasses all past, current, and prospective African American Deputy U.S. Marshals from January 23, 1994, through the present. As part of the settlement, the USMS agreed to institute significant programmatic reforms to its hiring practices. , 2023

Representative Clients:

Representing plaintiff class in McMillan v. X Corp., et al. in U.S. District Court for the Northern District of California. The Complaint was filed on behalf of a class of thousands of employees who were subject to the mass layoffs that Elon Musk initiated shortly after taking over Twitter on October 27, 2022. The terminated employees were denied promised severance benefits. The lawsuit alleges that Mr. Musk and others failed to communicate accurately and truthfully with employees about the severance plan benefits, in violation of the Employee Retirement Income Security Act (ERISA)., 2024

Honors/Awards:

The award "recognizes the dynamic women who are using their talents and influence to enhance your workplace and change our world.", Profiles in Diversity Journal Women Worth Watching in Leadership Award, Profiles in Diversity Journal, 2021
From Lawdragon: "These amazing lawyers make it their life’s work to stand up for others who are denied equal treatment, fired, harassed or marginalized in their jobs; shot and killed or subjected to lesser mistreatment by law enforcement or others in position of authority; and sexually abused and violated by those in positions of responsibility.", Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers, Lawdragon, 2023
Ms. Mueting has been recognized by Benchmark Litigation as a "Labor & Employment Star" in each of the jurisdictions listed above., Benchmark Litigation Labor & Employment Star - USA, District of Columbia, Northeast, Benchmark Litigation, 2024
Best Lawyer, Best Lawyers in America, 2021
Labor & Employment Star - Northeast, Benchmark Litigation, 2020
Lawdragon 500 Leading Plaintiff Employment Lawyer, Lawdragon, 2020
Rising Star, Law360, 2019
Labor & Employment Star - Northeast in the practice area of Labor & Employment, Benchmark Litigation, 2019
Labor & Employment Star - Northeast in the practice area of Labor & Employment, Benchmark Litigation, 2018
Mussey-Gillett Shining Star Award, District of Columbia Women’s Bar Association, 2018
DC Rising Star, National Law Journal, 2017

Educational Background:

Scholarly Lectures/Writings:

Legal analysis on the topic of employers using algorithms in hiring and recruitment to screen for "cultural fit." The article considers how the use of these algorithms may provide employees with increased opportunities to challenge biased selection practices, while also giving employers increased opportunities to mitigate against bias in cultural fit assessments., Co-author, How AI 'Cultural Fit' Assessments Can Be Analyzed for Bias, Law360, , 2023
Public Comment in support of the Equal Employment Opportunity Commission ("EEOC)'s proposed regulations to enhance workplace protections for pregnant employees., Co-author, Sanford Heisler Sharp’s Comment on the EEOC’s Proposed Rule RIN 3046-AB30 to Implement the Pregnant Workers Fairness Act, , 2023

Other Outstanding Achievements:

Panelist/Speaker: NYU Center for Labor and Employment Law 76th Annual Conference. Topic: Pay Equity and Pay Transparency Law and Skills, 2024

Kate Mueting