Thomas R. Bagby

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Education
  • University of Virginia, J.D., 1975
  • University of Virginia, B.A., with high distinction, 1972
Bar & Court Admissions
  • 1975, Virginia Bar
  • 1976, District of Columbia
  • 1980, U.S. Supreme Court

Thomas R. Bagby serves as President of Woods Rogers and also as chairman of the Labor and Employment Law Section of Woods Rogers.  A native of Roanoke, Tom joined the Firm in 1995, where he is now a Principal. Prior to joining the Firm, he was a partner in the Washington, D.C. office of a national law firm, where he had practiced representing national and international clients in the labor and employment law area. From 1977 to 1981, he was a trial attorney with the U.S. Department of Justice, Civil Rights Division, where he handled numerous pattern and practice employment discrimination cases. He served as a law clerk in the District of Columbia to U.S. District Court Judge June L. Green for two years before joining the Department of Justice. Tom was admitted to the Virginia Bar in 1975, the District of Columbia Bar in 1976 and the U.S. Supreme Court Bar in 1980. He is an active member of the Roanoke, Washington, D.C., and Virginia State Bars. Tom received his law degree (1975) and B.A. degree (Phi Beta Kappa, 1972) from the University of Virginia.

Tom specializes in representing management on a broad range of labor and employment law issues. He represents employers in litigation in various state and federal courts and administrative agencies around the country. In addition, he regularly counsels employers on various workplace-related issues, including discipline and discharge, ADA and FMLA issues, sexual and other harassment and discrimination, affirmative action policies and non-competition issues.

Tom is co-author of Labor & Employment Law In Virginia: A Business Guide For Employers, a book published through the Virginia Chamber of Commerce. Tom has been selected by Virginia Business magazine as one of its Legal Elite in the Labor and Employment practice area and was the subject of a feature profile in that magazine’s December 2002 edition. He also has been named in The Best Lawyers in America in the Labor and Employment area, and has been recognized as the Lawyer of the Year in Employment Law Magazine for 2012 in Roanoke. He has been named in Virginia Super Lawyers magazine in the Employment and Labor practice area. He has been recognized by the Roanoker magazine as one of the top labor and employment attorneys in the Roanoke Valley. He is Past Chair of the Virginia Bar Association Labor Relations & Employment Law Section and currently serves as President-Elect of the Virginia Bar Association.

Published Opinions

  • U.S. v. State of N.Y., 82 F.R.D. 2 (N.D.N.Y. 1978).
  • U.S. v. State of N.Y., 475 F.Supp. 1103 (N.D.N.Y. 1979).
  • E.E.O.C. v. Shell Oil Co., 466 U.S. 54 (1984).
  • Paroline v. Unisys Corp., 879 F.2d 100 (4th Cir. 1989).
  • Paroline v. Unisys Corp., 900 F.2d 27 (4th Cir. 1990) (en banc).
  • Dean Witter Reynolds, Inc. v. Alford, 500 U.S. 930 (1991).
  • Boyce v. Fleet Finance, Inc., 802 F.Supp. 1404 (E.D.Va. 1992).
  • Washington v. Digital Equipment Corp., 968 F.2d 1213 (Table, Text in WESTLAW) 1992 WL 167946 (4th Cir. 1992).
  • Dixon v. Digital Equipment Corp., 976 F.2d 725 (Table, Text in WESTLAW) 1992 WL 245867 (4th Cir. 1992).
  • McCormack v. Bennigan’s, 1993 WL 293895 (E.D.Pa. 1993).
  • Underwood v. Archer Management Services, Inc., 857 F.Supp. 96 (D.D.C. 1994).
  • Mangold v. Anser Corp., 842 F.Supp. 202 (E.D.Va. 1994).
  • Weinberger v. MCI Telecommunication Corp., 16 F.3d 414 (Table, Text in WESTLAW) 1994 WL 18081 (4th Cir. 1994).
  • Thomas v. TRW, Inc., 14 F.3d 596 (Table, Text in WESTLAW) 1994 WL 2000 (4th Cir. 1994).
  • Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 (1995).
  • Thomas v. TRW, Inc., 54 F.3d 774 (Table, Text in WESTLAW), 1995 WL 290403 (4th Cir. 1995).
  • Pizzino v. J. Dillard Hutchens Corp., 1996 U.S.Dist. LEXIS 14291 (W.D.Va. 1996).
  • Hughes v. Syscon Corp., 84 F.3d 1452 (Table, text in 1996 WL 250323) (D.C.Cir. 1996).
  • Mangold v. Analytic Services, Inc., 77 F.3d 1442 (4th Cir. 1996).
  • Horrigan v. Thompson, 1998 U.S.App. LEXIS 9506 (6th Cir. 1998).
  • Bolinsky v. Carter Machinery Co., Inc., 69 F.Supp.2d 842 (W.D.Va. 1999).
  • Garrick v. Steak & Ale of Florida, 208 F.3d 1011 (11th Cir. 2000)
  • E.E.O.C. v. Optical Cable Corp., 169 F.Supp.2d 539 (W.D.Va. 2001).
  • Renfro v. Unum Life Ins. Co. of America, 2005 WL 1400743 (W.D.Va. June 15, 2005).
  • E.E.O.C. v. Olver Inc., 2006 WL 2076764 (W.D.Va. July 24, 2006).
  • Hutchinson v. Scull, 2006 WL 477003 (D.N.J. February 28, 2006).
  • Thomas v. Roanoke Elec. Steel Corp., 2007 WL 1094405 (W.D.Va. April 10, 2007).
  • Eddie v. Auto Truck Transport Corp., 2007 WL 1874225 (W.D.Va. June 27, 2007).
  • Hutchinson v. Scull, 2007 WL 2045690 (3d Cir. July 18, 2007)

Experience

  • Obtained a jury trial defense judgment and affirmance on appeal in favor of a major computer company in a race discrimination case;
  • Secured a defense jury verdict in a sexual harassment case against a grocery store chain;
  • Obtained a defense judgment as a matter of law in a jury trial sexual harassment case brought in Florida against a major national restaurant chain and secured affirmance in the Eleventh Circuit Court of Appeals;
  • Successfully represented a publicly traded fiber optics company in a Title VII race and sex pattern and practice case brought by the EEOC;
  • Secured summary judgment in favor of a worldwide employment staffing company in an “accent discrimination” case brought by the EEOC under Title VII;
  • Obtained summary judgment in a Title VII race and national origin case brought in New Jersey against a major national restaurant chain and secured affirmance in the Third Circuit Court of Appeals; and
  • Secured judgment before an en banc Court of Appeals on a sexual harassment constructive discharge claim brought against a global provider of information technology services.

Professional Affiliations

  • Roanoke Bar Association, Member
  • Virginia State Bar, Member
  • Virginia Bar Association, Member; Labor and Employment Law Section, Past Chair; Chair, Board of Governors, and President-Elect
  • District of Columbia Bar Association, Member
  • American Bar Association, Member
  • Society for Human Resource Management; National, Roanoke Valley, Blue Ridge

Professional Activities and Honors

  • Virginia Chamber of Commerce, Committee on Management Relations
  • Jefferson Center, Board of Directors
  • Virginia Western Community College Foundation, Board of Directors
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