Emily S. Pontius

Emily is an experienced advisor and litigator for employers.

Emily defends employers against allegations of sex discrimination, age discrimination, race discrimination, Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) violations, wrongful termination in violation of public policy, and tortious interference.

To help employers maintain a productive workplace and avoid litigation, Emily partners with clients to provide supervisor and manager training, investigate internal discrimination complaints, provide reasonable accommodations to disabled employees, and navigate issues surrounding family and medical leave.

Emily works with employers of all sizes and has experience with for-profit corporations, non-profit organizations and cooperatives. She also provides specialized advice and litigates on behalf of colleges and universities in disputes concerning faculty discipline, tenure and promotion, student conduct, and accommodation of students with disabilities. Prior to practicing law, Emily worked in higher education administration, supervising employees and gaining director-level experience in student judicial affairs and residence life. She draws on this experience when working with higher education clients.

• Roys v. Upper Iowa University (N.D. Iowa 2017). Obtained summary judgment for employer in FMLA entitlement and discrimination case initiated by a former administrator.
• Led Title IX investigation into student complaint of misconduct by a tenured professor at a private university, and defended a private university in a breach of contract lawsuit brought by a former professor discharged after accusations of sexual harassment.
• Conducted internal investigation of a sexual harassment complaint for a professional sports organization.
• Reviewed university-wide and athletic department employment policies for a large public university.
• Member of legal team that conducted an internal investigation of a Big Ten athletic department following allegations of sexual harassment and the athletic director’s resignation.
• Serves as outside general counsel to private university with a residential campus in Iowa and instructional locations throughout the U.S. and internationally.
• Minnihan v. Mediacom Communications Corp., 779 F.3d 803 (8th Cir. 2015). Successfully argued to affirm summary judgment for employer in case alleging disability discrimination.
• Gray v. Harding and Haynes, 807 N.W.2d 296, WL 4578481 (Iowa Ct. App. 2011). Successfully argued to affirm summary judgment for two Wells Fargo executives in case brought by a former employee alleging tortious interference and fraudulent misrepresentation.
• American Arbitration Association employment proceeding, September 2010. Obtained a reasoned decision in favor of a financial services client in a FMLA case after a four-day evidentiary trial. The U.S. District Court for the Southern District of Iowa confirmed the award.

Education

• George Washington University Law School, J.D., 2006
• Indiana University, M.S. Higher Education and Student Affairs, 2000
• Iowa State University, B.A., 1998, with distinction

Admissions

• Iowa, 2006
• U.S. Court of Appeals for the Eighth Circuit, 2014
• U.S. District Court for the Northern District of Iowa, 2006
• U.S. District Court for the Southern District of Iowa, 2006

• Best Lawyers in America, Litigation - Labor and Employment, 2018-2025; Employment Law - Management, 2019-2025
• Great Plains Super Lawyers, Employment & Labor, 2022-2024
• Chambers USA: America’s Leading Lawyers for Business, Iowa - Labor & Employment, 2020-2024
• Chambers USA: America’s Leading Lawyers for Business, Iowa - Labor & Employment, Up and Coming, 2018-2019

Professional Activities

• Iowa State Bar Association, Centralized Diversity Task Force
• Iowa State Bar Association Labor and Employment Section, Chair, 2016-2018
• National Association of College and University Attorneys 
• Society for Human Resource Management and Central Iowa Society for Human Resource Management 
• National Association of Women Lawyers

Community

• Des Moines Metro Opera, Board of Directors, President
• Plymouth United Church of Christ, Church Council
• Greater Des Moines Leadership Institute, Community Leadership Program, 2015-2016
• Drake University Head Start, Policy Council and Advisory Board, 2008-2012