PRACTICE FOCUS

Ms. Witherspoon Fry has 24 years of litigation and administrative law experience in every Delaware court, the U.S. Court for the District of Delaware, the U.S. Court of Appeals for the Third Circuit, and the United States Supreme Court. She has also represented clients in proceedings before the Delaware Department of Labor, the Equal Employment Opportunity Commission, the Merit Employee Relations Board, and numerous other administrative bodies. She counsels executives and companies in employment matters of all types. Her employment practice focuses on discrimination; disabilities law; the Whistleblowers’ Protection Act; Department of Labor audits; employment termination; Fair Labor Standards Act issues; creation and review of employee handbooks and policies; employment and severance agreements; labor relations; and unemployment compensation appeals. She speaks frequently on employment topics and has been a repeat guest on WILM’s radio show, “Money and Politics in Delaware.”

Ms. Witherspoon also practices education law, involving the laws and regulations that govern federal and state education, including the administration and operation of educational institutions, school athletics, instruction methods, programs, and materials. She advises clients on issues relating to school faculty, staff, and students, including school discipline and discrimination based on race, color, national origin, sex, or disability in violation of the Equal Educational Opportunities Act, the Americans with Disabilities Act, the Individuals with Disabilities in Education Act, the Rehabilitation Act of 1973, and Title IX of the Federal Education Amendment of 1972. Her education law experience dates from 1997. She represented a public school district for 11 years as well as several charter and parochial schools. Since 2008, she has focused her practice on representing students and their parents in the areas of special education, including rights pursuant to the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973; manifestation determinations; due process hearings; contract disputes with private schools; student bullying; and school discipline. She has represented clients at administrative hearings, the Family Court of Delaware, the Supreme Court of Delaware, and the U.S. District Court for the District of Delaware in the course of her education work.

Ms. Witherspoon is a court certified mediator qualified to mediate employment, commercial litigation, and education matters. She is also DSBA certified as an arbitrator for labor and employment disputes.