1250 Connecticut Ave, NW Suite 700, Washington, DC 20036


202 263 4604

Fay Law Group principal has over thirty five years of experience in Raymond-Faycomplex civil litigation, with primary specialties in employment law and employee benefits litigation. He has also been trial counsel in the nation’s then largest antitrust, age discrimination, and ERISA cases.  He has been involved in more than one hundred federal cases under virtually all federal employment discrimination laws (Title VII, ADEA, ADA, Rehabilitation Act, IRCA), ERISA, the Railway Labor Act, and the Fair Labor Standards Act, among others.

Mr. Fay argued three employment law cases before the U.S. Supreme Court that established the legal standards for punitive damages under Title VII of the Civil Rights Act of 1964 (Kolstad v. American Dental Ass’n), for “willfulness” under the Age Discrimination in Employment Act (ADEA) (Thurston v. Trans World Airlines), and for a “bona fide occupational qualification” (BFOQ) under the ADEA (Criswell v. Western Airlines). Mr. Fay also has been counsel in Supreme Court cases dealing with taxation of employment discrimination damages.

Mr. Fay has argued several dozen appeals before the U.S. Courts of Appeals, and has handled dozens of cases at the federal and state court trial levels, and in federal administrative hearings (MSPB, EEOC). Mr. Fay has extensive jury and non-jury experience, including jury trials lasting up to six months. He has substantial litigation experience under both Title I and Title IV of ERISA.

He has extensive experience in arbitrations and mediations in employment law cases. Mr. Fay’s arbitration experience is both as an advocate and as an experienced American Association Arbitrator in employment, employee benefits, and commercial law cases. Mr. Fay has participated in dozens of mediations yielding settlements from a few thousand dollars to $10.0 million.

Representative experience includes:

  • Employment Law: Extensive experience at trial and appellate levels in employment discrimination cases nationwide (age, sex, race, national  origin, disability). Cases have generated dozens of judicial opinions, many on novel issues. Cases include largest private and federal sector age discrimination cases, and cases decided by U.S. Supreme Court. Also, state and federal administrative agency practice, employment and independent contractor agreements, confidentiality and nondisclosure agreements, employee manuals, executive severance, reductions in force (downsizing), workplace investigations, sexual harassment investigations, covenants not to compete, and seminars and training. Named among Washington, DC Super Lawyers 2013-15, 2018.

  • Employee Benefits: Extensive involvement in ERISA litigation, with emphasis on pension benefit accrual requirements, welfare plans, fiduciary liability, class actions, Department of Labor enforcement, retiree healthcare and ERISA Title IV. Counsel in largest case involving retiree health care benefits. Also, benefits counseling, Department of Labor and PBGC litigation. Named one of the nation’s top employee benefits lawyers in National Law Journal survey.

  • Appellate: Counsel in dozens of civil appeals in U.S. Courts of Appeals. Argued cases in 10 U.S.Courts of Appeals and U.S. Supreme Court.

  • Alternative Dispute Resolution: Involved in mediation, arbitration and conciliation of statutory and common law claims. American Arbitration Association arbitrator, Commercial (Employment) Panel and Employee Benefits Panel.

  • General Practice: General civil and commercial litigation, including trade secrets, taxation,securities fraud, bankruptcy, legal malpractice, government contracts and criminal law.

  • Labor Dispute Resolution: Counsel in grievances and arbitrations, and litigation regarding the duty of fair representation.

  • Antitrust and Telecommunications: Trial counsel in case resulting in then largest private antitrust judgment. Regulatory and appellate counsel in landmark cases leading to open competition in long distance telecommunications and the restructuring of the communications common carrier industry.

  • Administrative Law: Experience before numerous federal and state agencies, including the Equal Employment Opportunity Commission, Merit Systems Protection Board, Office of Personnel Management, United States Department of Labor, Federal Aviation Administration, PBGC, Department of Justice, Federal Communications  Commission and various state fair employment agencies. Member of the EEOC’s Negotiated Rulemaking Committee on regulations under the Older Workers Benefit Protection Act.

Mr. Fay has authored numerous publications and has been a speaker and contributor in legal education forums and training seminars. He is active in local and national bar organizations, and he provides pro bono representation in litigation matters and on behalf of numerous nonprofit organizations.

Mr. Fay is a member of the bars of the District of Columbia, the United States Tax Court, 12 U.S. Courts of Appeals and the U.S. Supreme Court. He has practiced in federal courts in 16 states and the District of Columbia.

Mr. Fay received his A.B. magna cum laude from St. Louis University and his J.D. from the Georgetown University Law Center.