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Román D. Hernández - Employment Attorney - Portland, OR

Román D. Hernández

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503-796-2935 Direct
rhernandez@schwabe.com

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Professional Experience
Román D. Hernández focuses his practice in the areas of employment law, labor law, and business litigation. Mr. Hernández's employment law practice is focused on the defense of employers against claims filed by former, current, and prospective employees for allegations of discrimination, harassment, constructive discharge, wrongful discharge and for alleged wage and hour violations in both state and federal courts, including class action litigation. Additionally, he provides general employment and labor advice to employers of all sizes related to employment policies, practices, and labor issues. Mr. Hernández has also negotiated labor contracts for firm clients, and defended unfair labor practice charges before the National Labor Relations Board. He has experience defending employers in wage and hour class actions for alleged violations of Oregon and Washington wage and hour laws. In addition, Mr. Hernández is lead counsel in a disability discrimination nationwide class action that was filed against a large, national retailer in federal court in Washington. Finally, Mr. Hernández has been involved in international business matters and has conducted cross-border contract negotiations on behalf of firm clients.

Prior to law school, Mr. Hernández served in the United States Air Force for nearly five years where he attained the rank of Captain, and was subsequently honorably discharged.

Professional & Community Activities
Mr. Hernández has devoted a significant amount of time to civic and community involvement. Mr. Hernández is a former National President of the Hispanic National Bar Association (HNBA), a bar association that represents the interests of 100,000 Hispanic attorneys, judges, law students and paralegals throughout the U.S. and Puerto Rico. Mr. Hernández is former Chairman of the Board of Directors of The HNBA Legal Education Fund, the HNBA's only charitable foundation. He is also past President of the Board of Directors of the Portland Hispanic Chamber.

In 2004, Mr. Hernández served on the Transition Steering Committee for Oregon Governor Ted Kulongoski. The Transition Steering Committee was comprised of 23 people selected from throughout Oregon to assist Governor Kulongoski prepare for his then upcoming administration. In 2006, Mr. Hernández was appointed by Governor Kulongoski to the 10-member Board of Directors for Oregon Health & Science University (OHSU), Oregon's only academic health center.  In 2009 he was reappointed to this position by Governor Kulongoski, and served as Chairman of OHSU's Human Resources Committee, and he served as a member of OHSU's Governance Committee. Mr. Hernández completed eight years of public service to Oregonians through his board service on OHSU's Board of Directors in November 2013. Also in 2009, Mr. Hernández  served on the U.S. Magistrate Judge Merit Selection Panel of the U.S. District Court for the District of Oregon, a position that he was appointed to by the Chief Judge of the U.S. District Court. In 2010, Mr. Hernández joined the board of directors of The Oregon Community Foundation, which has assets in excess of $1 billion and is the sixth largest community foundation in the nation.

In 2011, Mr. Hernández was one of 12 Hispanic national leaders selected to participate in Project Interchange, which is an educational institute of The American Jewish Committee and brings leaders and policy-makers to Israel for a week of intensive travel and learning in Israel.

In January 2013, Mr. Hernández began serving a three-year term on the Board of Directors of the Portland Branch of the Federal Reserve Bank of San Francisco, one of twelve banks that comprise the central banking system of the United States.  Through this service, Mr. Hernández helps develop the nation's monetary policy. Only 274 Americans serve as a  Director within the Federal Reserve System's twleve banks.

Honors and Awards
Mr. Hernández has been recognized by business publications and other groups for his commitment to the community and to business development and growth. He was selected as a recipient of The Portland Business Journal's "Forty Under 40" Award that annually recognizes the 40 most accomplished, influential, and civic-minded young executives in Portland. Oregon Business magazine selected Mr. Hernández as one of Oregon's "Fifty Great Leaders" and featured him in its publication. The Oregon Chapter of The American Jewish Committee selected Mr. Hernández as its first-ever recipient of its Judge Learned Hand Emerging Leadership Award in 2004.

In 2005, Mr. Hernández was selected by the Hispanic National Bar Association as "Regional President of the Year" out of the 19 regional presidents across the country. In 2009 and 2010, Latino Leaders magazine identified Mr. Hernández as one of the country's "101 Most Influential Hispanic Leaders" and featured him in its publication.  Additionally, Hispanic Business magazine selected him as one of its "Hispanic Business 100 Influentials" in 2009, a distinction which identifies him as being among the country's top business leaders.

In April 2012, Mr. Hernández received the prestigious "Distinguished Citizen Award" from the Cascade Pacific Council of the Boy Scouts of America for his noteworthy and extraordinary leadership, demonstrated integrity, and concern for others.

In June 2012, Mr. Hernández received DuPont's J. Michael Brown Award, a prestigious award which honors a member of DuPont's Minority Counsel Network who has achieved significant success in efforts to increase and promote diversity in the legal profession.

In August 2012, Mr. Hernández received the Ohtli Award from the Government of Mexico which was presented to him for his contributions to and empowerment of Mexican and Mexican-American communities in the U.S. The Ohtli Award is the highest award bestowed by the Mexican government to a non-Mexican citizen.

In September 2012, Mr. Hernández received a "¡Bravo! Award" from the Portland Hispanic Chamber for his professional excellence and commitment to the advancement of the Latino community in Oregon and Southwest Washington.

In February 2013, Mr. Hernández received the "Paul J. De Muniz Professionalism Award" from the Oregon Hispanic Bar Association. This is the organization's highest award and is presented annually to an individual who exhibits exemplary professionalism, significant contributions to the Oregon legal system, and for exemplary communtiy service.

Mr. Hernández has been recognized as a "Rising Star" in employment law by Oregon Super Lawyers magazine in three separate calendar years, and he was selected as one of Oregon's "Up and Coming Lawyers" by The Portland Daily Journal of Commerce.  In addition, in 2010 and 2011, he was identified by Chambers USA, an annual guide featuring leading U.S. lawyers and law firms, as a "Leader in his Field" in the area of Labor and Employment Law. Mr. Hernández was selecetd by his peers for includsion in the 20th edition of The Best Lawyers in America in the area of employment law-management, which will be published in 2014. 

Representative Cases
Bryan v. Wal-Mart Stores, Inc., 2014 U.S. Dist. LEXIS 28332 (W. Dist. Wash. Mar. 4, 2014) (dismissing, with prejudice, disability discrimination nationwide class action that alleged that client's policy violated Americans with Disabilities Act as to  pharmacists who are recovering drug addicts and alcoholics).

Alvarez v. Target Corporation, 2013 U.S. Dist. LEXIS 96509 (E. Dist. Wash. July 10, 2013) (dismissing various state law torts including outrage/IIED, breach of promise, negligent infliction of emotional distress, and Washington Consumer Protection Act claim).

Witt Company v. Riso, Inc., 948 F. Supp. 2d 1227 (D. Oregon 2013) (dismissing antitrust, intentional interference with economic relations and breach of contract claims).

Johnston v. Kimberly-Clark Global Sales, LLC, 2010 U.S. Dist. LEXIS 144088 (D. Oregon Aug. 19, 2010) (dismissing intentional interference with economic relations claim).

DeBaugh v. Greyhound Lines, Inc., 693 F. Supp. 2d 1253 (D. Oregon 2009) (dismissing negligent entrustment claim asserted against motor carrier).

Tyson v. Oregon Anesthesiology Group, P.C., 2008 U.S. Dist. LEXIS 44992 (D. Oregon June 6, 2008) (dismissing Americans with Disabilities Act claim asserted by anesthesiologist who was a recovering drug addict).

Admitted to Practice
Oregon State Courts
Washington State Courts
United States District Court, District of Oregon
United States District Court, Eastern District of Washington
United States District Court, Western District of Washington
Ninth Circuit Court of Appeals

Education
Northwestern School of Law, Lewis & Clark College, Juris Doctor degree, Cornelius Honor Society
Oregon State University, Bachelor of Science degree


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