David A. Whitcomb is a partner in the Employment and Labor Group. Mr. Whitcomb concentrates his practice in management-side employment law, with an emphasis in employment litigation and employment counseling. Mr. Whitcomb has been lead counsel in jury and bench trials in federal court involving claims under Title VII, the Americans with Disabilities Act and the Age Discrimination in Employment Act.

Mr. Whitcomb has successfully argued cases before the federal and Ohio courts of appeal. Mr. Whitcomb's appellate victories include affirming summary judgment on claims under Title VII, the ADA, the Family and Medical Leave Act and the Ohio Whistleblower Statute. He was successful in bringing an interlocutory appeal and reversing the trial court's decision regarding lawyer-client privilege. Mr. Whitcomb has also been successful in convincing the Ohio Supreme Court not to accept a case for review.

In addition to his court experience, Mr. Whitcomb represents clients before government agencies such as the Equal Employment Opportunity Commission and the U.S. Department of Labor. He has represented clients in administrative trials before various state civil rights commissions.

Mr. Whitcomb regularly counsels clients on employment matters, including compliance with the antidiscrimination statutes and the various leave of absence statutes. He has assisted many clients with sexual harassment investigations, and counseled clients through difficult terminations.

As part of his practice, Mr. Whitcomb acts as counsel for one of Ohio's largest public library systems. His counseling has included advice regarding the constitutionality of the use of the library's property for public demonstrations, the constitutionality of the library's eviction policy and the scope of the Ohio Public Records Act. In the employment context, he has defended the library, its board of trustees, director and human resources manager in a race discrimination case. In addition, he has provided day-to-day employment counseling on various staffing issues and assisted the library in completely revising its employment policies.

Prior to joining the firm, Mr. Whitcomb worked as a Trial lawyer for the EEOC and as a law clerk for the Honorable Wendell A. Miles and the Honorable Gordon J. Quist of the United States District Court for the Western District of Michigan.

Mr. Whitcomb was recently recognized as an Ohio Super Lawyer Rising Star.