Katherine   W. Fry
Principal

Contact

Phone: 302.351.0902
Fax: 302.351.0915
Mailing: 1201 N. Orange St. ,
Suite 10 East , Wilmington , DE   19801
Linkedin: Katherine Fry

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 Fry 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 Fry 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.

Practice Areas

Additional Practice Area:

  • Education Law

Education & Admissions

  • New York University School of Law, 1994, Moot Court Board
  • Duke University, B.A., cum laude, 1989
  • Delaware, 1995
  • U.S. Court for the District of Delaware, 1995
  • U.S. Circuit Court for the Third Circuit, 1998
  • U.S. Supreme Court

Activities

  • Delaware State Bar Association, Labor and Employment Section (Previous Secretary and Chair)
  • American Bar Association, Labor and Employment Section (Rights and Responsibilities Committee)
  • Delaware State Bar Association, Women and Law Section
  • Delaware State Chamber of Commerce (Employer Advocacy Committee)

Posts

DOL Creates Office of Compliance Initiatives

By Katherine Witherspoon Fry, Esq. | September 9, 2018

The U.S. Department of Labor announced the creation of an Office of Compliance Initiatives to assist companies in efforts to…

Katherine Witherspoon Fry on Sexual Harassment in the Workplace

By Katherine Witherspoon Fry, Esq. | August 21, 2018

On July 14, 2018, Katherine Witherspoon Fry was interviewed on WILM 1450/ WDOV 1410 radio station about sexual harassment in…

Federal Courts at Odds Over Whether Title VII Covers Sexual Orientation

By Katherine Witherspoon Fry, Esq. | April 2, 2018

Attorneys, advocacy groups, and legal scholars have debated the question for decades: Does Title VII of the Civil Rights Act…

Katherine Witherspoon Interviewed by WILM 1450/ WDOV 1410 Radio

By Katherine Witherspoon Fry, Esq. | February 19, 2018

On February 9, 2018, Katherine Witherspoon was interviewed on WILM 1450/ WDOV 1410 radio station about sexual harassment and sexual…

Katherine Witherspoon Offers Legal Advice About Sexual Harassment in the Workplace in Her WILM 1450/ WDOV 1410 Radio Interview

By Katherine Witherspoon Fry, Esq. | January 17, 2018

On December 30, 2017, Katherine Witherspoon was interviewed on WILM 1450/ WDOV 1410 radio station about sexual harassment in the…

Can This Student Be Saved?

By Katherine Witherspoon Fry, Esq. | January 3, 2018

Recently, a client faced a difficult situation in which his child had been suspended wrongfully by a private university for…