Brian Rochel Presents CLE on Rethinking Title VII Litigation

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On February 6, 2026, Kitzer Rochel partner Brian Rochel presented at the North Carolina Advocates for Justice (NCAJ) 2026 Employment Law CLE, a full-day program bringing together plaintiff-side employment attorneys to discuss evolving doctrine and practical litigation strategy.

As part of the broader agenda, Brian co-presented with Sam Kramer on “Reimagining Title VII: Beyond McDonnell Douglas.” The session focused on how employment lawyers can more effectively litigate Title VII discrimination claims without treating the traditional burden-shifting framework established in McDonnell Douglas Corp. v. Green as a rigid formula.

While McDonnell Douglas remains an important evidentiary tool, the presentation emphasized that Title VII ultimately asks a straightforward question: whether an adverse employment action was motivated, at least in part, by a protected characteristic. Courts increasingly evaluate that question based on the totality of the evidence, particularly at the summary judgment stage under Federal Rule of Civil Procedure 56 or analogous state rules.

Brian discussed practical strategies for positioning cases for summary judgment and trial, including highlighting direct evidence, leveraging comparator and statistical proof where appropriate, and exposing shifting or inconsistent employer explanations. The session encouraged advocates to present discrimination cases as cohesive, evidence-driven narratives rather than mechanical burden-shifting exercises.

The CLE program also included panels on whistleblower protections, wage theft litigation, mediation strategy, and emerging practice tools, reflecting the continued development of plaintiff-side employment advocacy nationwide.

Brian Rochel Moderates Panel on Using Expert Witnesses

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Kitzer Rochel attorney Brian Rochel recently moderated a CLE panel focused on the strategic use of expert witnesses in employment and civil rights litigation—from pre-litigation through trial. The panel offered a practical, end-to-end discussion grounded in real-world litigation and trial experience. The CLE was sponsored by the Minnesota Chapter of the National Employment Lawyers Association (MN-NELA).

The discussion covered early-case considerations, including when and why to consult or retain experts before litigation to shape case theory, damages analysis, and settlement strategy. Panelists also addressed expert practice during discovery, including reports, disclosures, and depositions, as well as effective trial presentation. Topics included introducing experts on the stand, preparing for direct and cross-examination, positioning experts as teachers rather than advocates, using visuals and demonstratives, and critically evaluating defense expert testimony.

Brian moderated a panel featuring an accomplished group of trial lawyers:

  • Jeff Storms of Storms Dworak LLC, a leading civil rights and plaintiff’s attorney.

  • Mary Olszewska, co-founder of Fellowship Law Group and an experienced employment and civil rights litigator.

  • J. Ashwin Madia of Madia Law LLC, a nationally recognized trial lawyer and Fellow of the American College of Trial Lawyers.

The panel reinforced a key takeaway for employment litigators: expert witnesses are not just trial tools. When used strategically and early, they can meaningfully shape case value and litigation outcomes.

Brian Rochel Named to America’s Top 100 High Stakes Litigators®

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We’re excited to announce that Brian Rochel has been selected for inclusion in America’s Top 100 High Stakes Litigators®. This prestigious honor is reserved for trial lawyers nationwide who consistently achieve exceptional results in high-value, high-stakes cases—those involving significant financial exposure or substantial legal impact.

Selection to America’s Top 100 is by invitation only and involves a rigorous review of a lawyer’s professional achievements, litigation history, peer reputation, and case results. Fewer than 1% of attorneys in the United States receive this distinction.

Brian’s recognition reflects his unwavering dedication to advocating for employees and individuals in complex employment disputes. With a career built on strategic litigation, thoughtful advocacy, and proven results, Brian continues to demonstrate the skill and commitment that define the very best in the profession.

All of us at Kitzer Rochel are proud to celebrate this achievement. Congratulations, Brian!

Kitzer Rochel Recognized as a Tier 1 Law Firm in Employment Law by Best Law Firms® 2025

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We are proud to share that Kitzer Rochel, PLLP has been recognized in the 2025 edition of Best Law Firms® as a Tier 1 law firm in Employment Law – Individuals in Minneapolis.

This honor reflects our firm’s continued commitment to advocating for employees and protecting workplace rights throughout Minnesota. Recognition by Best Law Firms® is based on a rigorous evaluation process, including client feedback, peer reviews, and professional achievements.

“Being named a Tier 1 firm for Employment Law is a testament to our dedication to providing exceptional representation and achieving meaningful results for our clients,” said partner Brian Rochel. “We’re grateful for the trust our clients place in us and for our colleagues’ recognition of our work.”

The Best Law Firms® ranking is one of the most respected distinctions in the legal industry. Firms included demonstrate professional excellence and consistently receive impressive ratings from clients and peers.

To learn more, visit BestLawyers.com.

Phillip Kitzer Appears on MPR News to Discuss Free Speech and Workplace Discipline

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On September 22, 2025, Phillip Kitzer appeared on MPR News to discuss the legal boundaries of employee speech and how employers may lawfully—or unlawfully—respond to workplace expression.

During the segment, Phillip explained that while employees do have First Amendment protections, those apply only to government actors; private-sector employers have more latitude to discipline speech that conflicts with workplace policies, is disruptive, or violates laws. He also discussed the recent suspension of Jimmy Kimmel following controversial on-air comments and threats made by the FCC Chair, as well as the growing trend of colleges terminating professors for political speech both in and outside the classroom.

For employees concerned they may have been unlawfully punished for what they said—or for employers unsure how to balance free speech and workplace order—Kitzer Rochel offers representation and advice. If you believe your employer unfairly disciplined or terminated you over protected expression, our firm can help you evaluate your rights and pursue relief. Visit www.kitzerrochel.com

Kitzer Rochel Attorney Brian Rochel Quoted in Law360

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Kitzer Rochel, PLLP is proud to announce that partner Brian Rochel was recently quoted in Law360 Employment Authority in an article covering the upcoming Eighth Circuit arguments on Minnesota’s construction worker classification law.

The case—Minnesota Chapter of Associated Builders and Contractors Inc. et al. v. Nicole Blissenbach et al.—challenges a 2024 law establishing a 14-factor test for determining whether construction workers are properly classified as independent contractors. Trade groups argue that the statute is too vague to enforce, while the State of Minnesota contends the plaintiffs lack standing to bring the challenge.

In his comments, Brian explained that the dispute raises a fundamental question: whether the law creates a “tough but clear compliance standard” or instead a “vague, punitive approach” that contractors cannot realistically follow. He also noted that the Eighth Circuit may weigh whether contractors must begin complying now or whether courts should take a “wait-and-see” approach.

This litigation has important implications for Minnesota workers and employers. Worker misclassification can deprive employees of critical protections like minimum wage, overtime pay, and benefits, while also creating compliance uncertainty for employers.

The full Law360 article, “8th Circ. To Weigh Minn. Classification Challenge” (Sept. 12, 2025), can be accessed here.

Phillip Kitzer Presents on Employment Investigations at Minnesota CLE

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Workplace investigations are a critical part of maintaining a fair and compliant work environment, but mistakes in the process can create new legal problems. At a recent Minnesota CLE seminar, “Playing the Right Next Move: Guidance for Addressing Common Mistakes and Their Consequences,” Phillip Kitzer of Kitzer Rochel, PLLP joined Jenny Gassman Pines of Green Espel to share practical strategies for conducting effective, lawful investigations.

The presentation highlighted how rushed or biased investigations can lead to defamation, retaliation, or discrimination claims. It also explored modern risks such as improper electronic searches, privacy violations, and unauthorized access to employee data. Clear employer policies and consistent investigative methods are key to minimizing these risks.

The discussion also addressed overbroad confidentiality requirements, which can violate the National Labor Relations Act, and the ethical boundaries for attorneys who serve as investigators. The takeaway: thorough, neutral, and well-documented investigations not only protect employees but also help maintain workplace trust.

Kitzer Rochel represents employees who have faced retaliation, discrimination, or wrongful termination following internal investigations. If you believe your employer conducted an unfair or biased investigation that led to discipline or discharge, our team can help you understand your rights and pursue justice. For more information, visit www.kitzerrochel.com.

Frances Baillon Selected for Minnesota Lawyer’s Power 30 List for Labor & Employment

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We are proud to announce that Frances Baillon, an attorney at Kitzer Rochel, has been selected for Minnesota Lawyer’s Power 30 list for Labor & Employment.

Frances has built an exceptional reputation as a recognized advocate for those who have been treated unfairly by the illegal practices of employers.

This marks another significant recognition for Frances, who has previously been named to Minnesota Lawyer’s Power 30 list, demonstrating her consistent excellence and ongoing impact in the field of labor and employment law.

At Kitzer Rochel, Frances continues to represent employees who have faced workplace discrimination, harassment, and retaliation, bringing both compassion and tenacity to every case. Her recognition on this year’s Power 30 list underscores our firm’s commitment to providing exceptional legal representation to those who need it most.

Congratulations to Frances on this well-deserved honor.

Phillip Kitzer Joins Panel on Mental Health, Disability Law, and Workplace Conduct

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Mental health conditions can significantly affect employees’ behavior and performance at work—and when that happens, both employees and employers often struggle to understand their rights and responsibilities. At a recent Minnesota CLE presentation, “When Problematic Employee Behavior Stems from a Mental Health Condition,” Phillip Kitzer of Kitzer Rochel, PLLP joined Amy Conway of Stinson LLP and Dr. Andrea Lovett of MorningStar Psychological Services to discuss how mental health intersects with employment law.

The presentation explored how conditions such as depression, anxiety, bipolar disorder, substance use disorders, and personality disorders can impact the workplace, and what legal protections apply under disability laws like the Minnesota Human Rights Act and the ADA. Employers have a duty to engage in an interactive process to identify reasonable accommodations—such as flexible schedules, quiet workspaces, or short-term leave—that allow employees to perform their essential job duties safely and effectively.

However, the law also sets boundaries. Employers do not have to excuse conduct that violates clear, consistently applied workplace policies or creates a direct safety risk. The key, the presenters emphasized, is consistency, documentation, and respect: treating employees fairly while ensuring workplace safety and accountability.

Kitzer Rochel represents employees who have been disciplined, denied accommodations, or terminated because of a mental health condition. If you believe your employer mishandled your situation or failed to accommodate your needs, our attorneys can help you understand your rights and pursue appropriate remedies. Visit www.kitzerrochel.com

Phillip Kitzer, Frances Baillon, and Brian Rochel Again Named Super Lawyers; Frances Rated Top 100 and Top 50 Women Lawyers

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Kitzer Rochel is proud to announce that our attorneys have once again been recognized for their outstanding legal work in Minnesota. Frances Baillon, Phillip Kitzer, and Brian Rochel have each been selected as 2025 Minnesota Super Lawyers for another year.

In addition, Frances Baillon earned special honors by being named to both the lists of Top 50 Women Super Lawyers in Minnesota and Top 100 Minnesota Super Lawyers for another year.

These honors reflect not only the individual excellence of our attorneys but also the collective strength of our firm. Super Lawyers is a nationally respected rating service that annually recognizes top attorneys through a rigorous selection process. This process includes nominations from peers, independent research, and evaluations by a blue-ribbon panel of attorneys. Being named to the Super Lawyers list is a prestigious recognition of consistent professional achievement, ethical standards, and peer recognition.

We are incredibly grateful to our clients, peers, and the broader legal community for their continued trust and support. At Kitzer Rochel, we remain deeply committed to providing the highest quality legal advocacy, driven by integrity, expertise, and compassion. We look forward to another year of dedicated service to our clients and community.