Sarah Mitchell Montgomery
Practice Areas
Experience
- Affirmative Action & Office of Federal Contract Compliance Programs
- Alternative Dispute Resolution
- Background Checks
- Discrimination & Harassment Claims
- Employee Whistleblower & Retaliation Claims
- Employment & Governmental Investigations
- Employment Policies, Procedures, & Handbooks
- Employment Practice Audits
- Government Contracts & Procurement
- Hiring, Performance Management, & Termination
- Insurance Policyholder Defense
- Labor & Employment Appellate
- Labor & Employment Litigation
- Labor Management & Traditional Labor Relations
- Non-Compete Issues
- Staffing, Independent Contractors, & Contingent Workers
- Trade Secrets
- Unfair Competition & Trade Secrets
- Wage & Hour
- Workplace Ethics, Compliance, & Investigations
- Workplace Safety & Health
- Workplace Training
Biography
Sarah Mitchell Montgomery is an employment law attorney with substantial experience representing employers and management in complex cases involving employment discrimination, retaliation and unfair practices and related workplace and business disputes. Sarah regularly assists clients on challenging work-related issues, including high risk discipline and termination scenarios, managing leaves of absence, navigating issues raised by Title VII, the FMLA, the ADA, the ADEA, USERRA and workers’ compensation statutes, investigating allegations of harassment and discrimination, drafting and updating affirmative action plans, and creating and implementing effective and compliant employee-related policies and procedures.
Sarah’s proactive approach to employee relations enables her clients to address employee disputes efficiently and effectively. Sarah distinguishes her practice through her accessibility and responsiveness to clients, her preparation and knowledge of current laws and regulations, and her use of creative and practical strategies for handling employment litigation and resolving personnel disputes and issues with minimal disruption to the employer’s operations.
Sarah litigates employment cases in both state and federal courts, conducts employment law compliance training, counsels employers on preventative compliance strategies, and frequently appears on behalf of employers before numerous administrative agencies, including the Equal Employment Opportunity Commission, the U.S. Department of Labor, the Office of Federal Contract Compliance Programs, and the Texas Workforce Commission.
Sarah is also experienced in evaluating and counseling clients on diversity and affirmative action initiatives and practices, including developing, implementing and updating affirmative action plans. Sarah regularly advises clients on governmental contracting, compliance and other regulatory requirements under Executive Order 11246, the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), and Section 503 of the Rehabilitation Act of 1973.
Sarah represents clients from a wide range of industries, including retail, law firms and other professional service firms, financial services, oil and gas, physician practices and hospitals, manufacturing, restaurants, and hospitality.
Education
B.A., magna cum laude, Baylor University
- Phi Beta Kappa
J.D., summa cum laude, Texas Tech University School of Law
- Order of the Coif
Bar Admissions
Texas
Court Admissions
United States District Court for the Eastern, Northern, Southern, and Western Districts of Texas
- Obtained jury trial victory for Midland hospital in a sexual harassment and retaliation case brought by a former employee, and successfully defended on appeal the jury verdict. Rodriquez v. Midland Cnty. Hosp. Dist., No. 21-50635, 2022 U.S. App. LEXIS 14704 (5th Cir. May 27, 2022).
- The Best Lawyers in America (Woodward/White Inc.), 2021-2026
- Employee Benefits (ERISA) Law, 2023
- Employment Law – Management, 2024-2026
- Litigation – Labor and Employment, 2021-2026
- Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 2022-2025
Publications
- Author, “President Trump’s Executive Order: Ending E.O. 11246 and Its Impact on Federal Contractors,” Jackson Walker Insights (January 2025)
- Co-Author, “No One-Size-Fits-All Rules for Business in the Pandemic,” The Texas Lawbook (July 23, 2020)
- Co-Author, “Responding to the Covid-19 Pandemic — The Families First Coronavirus Response Act and Other Tools for Employers,” Bloomberg BNA Tax Management Compensation Planning Journal (April 2020)
- “What Texas businesses need to know about how coronavirus impacts employees,” Dallas Business Journal (March 23, 2020)
- Author, “Employer Headaches: New Sick Leave Laws Expanding Across the US, But Remain in Limbo in Texas,” LinkedIn.com (July 24, 2019)
Speaking Engagements
- “Keeping the Doors Open: Managing Workplace Medical and Legal Risks in the Pre-Vaccine Era,” Jackson Walker webinar (July 10, 2020)
- “COVID-19: Returning to Work,” Jackson Walker webinar (May 1, 2020)
- “Back to the Wild World of Work,” Women in the Know webinar (April 27, 2020)
- “Into The Weeds With The COVID-19 Regulators: A Closer Look At The New Federal Guidance,” FEI Houston (April 24, 2020)
- “COVID-19 & Your Business: Families First Coronavirus Response Act,” Jackson Walker webinar (March 18, 2020)
- “Emerging Local Regulations and the Multistate Employer,” UT Law 26th Annual Labor and Employment Law Conference (May 9, 2019)
- “State and Local Law: Solutions for Multistate Employers,” Labor & Employment Law Symposium (October 11, 2018)
- Texas Young Lawyers Association
- Dallas Association of Young Lawyers
- Texas Bar Foundation, Fellow
- First United Methodist Church in Downtown Dallas, Board of Trustees
- Town of Sunnyvale, Texas, Commissioner – Planning and Zoning Commission
- Sunnyvale Independent School District Strategic Planning Team, Staff Quality and Recruitment Committee Member
- Rob Fest (a fundraiser that raises money for the American Foundation for Suicide Prevention – North Texas Chapter), Organizer and Fundraiser
‘The Best Lawyers in America’ Features 350 Jackson Walker Attorneys in 2026 Edition, Including 10 “Lawyers of the Year” and 106 “Ones to Watch”
The Best Lawyers in America, a widely regarded guide to legal excellence, has recognized 350 Jackson Walker attorneys across 87 specialty practice areas in its 2026 edition, including 10 Lawyers of the Year and 106 Ones to Watch.
Attorney News • August 21, 2025
President Trump’s Executive Order: Ending E.O. 11246 and Its Impact on Federal Contractors
By Sarah Mitchell Montgomery
On January 21, 2025, President Trump issued an executive order titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”). Among other things, the Order rescinds Executive Order (“E.O.”) 11246, which was issued by President Johnson in 1965.
Insights • January 23, 2025
‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”
The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.
Attorney News • August 15, 2024
‘The Best Lawyers in America’ Honors 287 Jackson Walker Attorneys in 2024 Edition, Including 12 “Lawyers of the Year” and 80 “Ones to Watch”
The Best Lawyers in America has recognized 287 Jackson Walker attorneys across 5 offices and 82 specialty practice areas in its 2024 edition, including 12 Lawyers of the Year and 80 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (66 attorneys) and Real Estate Law (60 attorneys) and the addition of 35 attorneys as Best Lawyers.
Attorney News • August 17, 2023
‘The Best Lawyers in America’ Honors 214 Jackson Walker Attorneys in 2023 Edition, Including 11 “Lawyers of the Year” and 41 “Ones to Watch”
The Best Lawyers in America has recognized 214 Jackson Walker attorneys across 6 offices and 79 specialty practice areas in its 2023 edition, including 11 Lawyers of the Year and 41 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
Attorney News • August 18, 2022
COVID-19 Employment Update: President Biden’s Vaccine Mandates
By Sarah Mitchell Montgomery
On September 9, 2021, President Biden introduced his administration’s “Plan to Stop the Delta Variant and Boost COVID-19 Vaccinations,” which will be instituted through two executive orders that will mandate vaccines for employees of the Executive Branch of the federal government and for employees of federal contractors and subcontractors.
Insights • September 17, 2021
‘The Best Lawyers in America’ Honors 178 Jackson Walker Attorneys in 2022 Edition, Including 8 “Lawyers of the Year” and 31 “Ones to Watch”
The Best Lawyers in America has recognized 178 Jackson Walker attorneys across 6 offices and 67 specialty practice areas in its 2022 edition, including 8 Lawyers of the Year and 31 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
Attorney News • August 19, 2021
Can Employers Require COVID-19 Vaccinations?
Fast Takes Podcast | ~12 minutes
As the rollout of the two current FDA-approved vaccines for COVID-19 takes place, many employers may be looking toward reopening offices for vaccinated employees. Can an employer require employees to be vaccinated as a requirement to return to the office? Jackson Walker attorneys Sarah Mitchell Montgomery and Sara Harris discuss this issue.
Podcasts • January 13, 2021
NBC 5 Responds: Can My Boss Require a COVID-19 Vaccine?
Sarah Mitchell Montgomery explains there is not a clear basis in the law for an employer to require employees to be vaccinated against COVID-19 under the EUA. It is possible federal authorities could later make an exception for COVID-19, but there’s no indication that will happen. “I do think the door is still open to the possibility that we could have a mandate or have the ability to mandate under the EUA. At this point, that has not happened yet,” explains Montgomery.
Mentions • January 12, 2021
Vaccine Carrots or Sticks? U.S. Businesses Grapple With Getting Employees Inoculated | Reuters
Private employers could set up mandatory vaccinations so long as they offer accommodations to workers with religious and medical conditions that would exempt them, Sarah Mitchell Montgomery noted in this Reuters article. The direct threat posed by the COVID-19 pandemic will allow mandatory programs to win approvals soon, she believes. “There may be situations where there is not a good accommodation,” such as allowing those employees to continue to work from home, wear protective clothing or equipment on the job, she said. To protect workers from unvaccinated employees, companies also could argue they need to remove recalcitrant staff to protect others, she said.
Mentions • December 11, 2020
WFAA-TV Interviews Sarah Mitchell Montgomery on COVID-19 Vaccinations and Impending Litigation
As companies announce breakthroughs in COVID-19 vaccines, Sarah Mitchell Montgomery spoke about whether employers can require on-site workers to get vaccinated and why she expects a future rise in coronavirus-related litigation.
Mentions • December 1, 2020
“Employment Law After the Election”
With Joe Biden as the projected President-Elect (subject to pending federal litigation and the Electoral College vote), panelists from Jackson Walker and Lockton Dunning Benefits look at what employers may expect from a new administration and employment law initiatives.
Webinars • November 18, 2020
Employment Litigation
- Discrimination, Harassment and Retaliation
- Failure to Accommodate
- Improper Denial of Medical Leave
- Wrongful Termination
- Breach of Contract
- Defamation
- Whistleblower Claims
- False Imprisonment
- Workplace Torts
Wage and Hour
- Unpaid Wages, Overtime and Commissions
- Employee Misclassification
- Tip Sharing
- FLSA Retaliation
Restrictive Covenants and Confidential Information
- Breach of Restrictive Covenants
- Breach of Fiduciary Duties and Duties of Loyalty
- Theft of Trade Secrets
- Misuse and Disclosure of Confidential Information
Employment Advice and Counseling
- Executive Contracts and Term Negotiations
- Personnel Policies and Practices
- Removal of Architectural Barriers
- Affirmative Action Plans
- Workforce Reductions and Reorganizations
- Severance Agreements
- Employment Contracts and Independent Contractor Agreements
- Disciplining and Terminating Employees
- Accommodating Disabled Employees
- Complicated Employee Leave Issues
Practice Experience
- Obtained jury trial victory for Midland hospital in a sexual harassment and retaliation case brought by a former employee, and successfully defended on appeal the jury verdict. Rodriquez v. Midland Cnty. Hosp. Dist., No. 21-50635, 2022 U.S. App. LEXIS 14704 (5th Cir. May 27, 2022).
Recognition & Accolades
- The Best Lawyers in America (Woodward/White Inc.), 2021-2026
- Employee Benefits (ERISA) Law, 2023
- Employment Law – Management, 2024-2026
- Litigation – Labor and Employment, 2021-2026
- Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 2022-2025
Publications & Speeches
Publications
- Author, “President Trump’s Executive Order: Ending E.O. 11246 and Its Impact on Federal Contractors,” Jackson Walker Insights (January 2025)
- Co-Author, “No One-Size-Fits-All Rules for Business in the Pandemic,” The Texas Lawbook (July 23, 2020)
- Co-Author, “Responding to the Covid-19 Pandemic — The Families First Coronavirus Response Act and Other Tools for Employers,” Bloomberg BNA Tax Management Compensation Planning Journal (April 2020)
- “What Texas businesses need to know about how coronavirus impacts employees,” Dallas Business Journal (March 23, 2020)
- Author, “Employer Headaches: New Sick Leave Laws Expanding Across the US, But Remain in Limbo in Texas,” LinkedIn.com (July 24, 2019)
Speaking Engagements
- “Keeping the Doors Open: Managing Workplace Medical and Legal Risks in the Pre-Vaccine Era,” Jackson Walker webinar (July 10, 2020)
- “COVID-19: Returning to Work,” Jackson Walker webinar (May 1, 2020)
- “Back to the Wild World of Work,” Women in the Know webinar (April 27, 2020)
- “Into The Weeds With The COVID-19 Regulators: A Closer Look At The New Federal Guidance,” FEI Houston (April 24, 2020)
- “COVID-19 & Your Business: Families First Coronavirus Response Act,” Jackson Walker webinar (March 18, 2020)
- “Emerging Local Regulations and the Multistate Employer,” UT Law 26th Annual Labor and Employment Law Conference (May 9, 2019)
- “State and Local Law: Solutions for Multistate Employers,” Labor & Employment Law Symposium (October 11, 2018)
Community Involvement
- Texas Young Lawyers Association
- Dallas Association of Young Lawyers
- Texas Bar Foundation, Fellow
- First United Methodist Church in Downtown Dallas, Board of Trustees
- Town of Sunnyvale, Texas, Commissioner – Planning and Zoning Commission
- Sunnyvale Independent School District Strategic Planning Team, Staff Quality and Recruitment Committee Member
- Rob Fest (a fundraiser that raises money for the American Foundation for Suicide Prevention – North Texas Chapter), Organizer and Fundraiser
Areas of Focus
Employment Litigation
- Discrimination, Harassment and Retaliation
- Failure to Accommodate
- Improper Denial of Medical Leave
- Wrongful Termination
- Breach of Contract
- Defamation
- Whistleblower Claims
- False Imprisonment
- Workplace Torts
Wage and Hour
- Unpaid Wages, Overtime and Commissions
- Employee Misclassification
- Tip Sharing
- FLSA Retaliation
Restrictive Covenants and Confidential Information
- Breach of Restrictive Covenants
- Breach of Fiduciary Duties and Duties of Loyalty
- Theft of Trade Secrets
- Misuse and Disclosure of Confidential Information
Employment Advice and Counseling
- Executive Contracts and Term Negotiations
- Personnel Policies and Practices
- Removal of Architectural Barriers
- Affirmative Action Plans
- Workforce Reductions and Reorganizations
- Severance Agreements
- Employment Contracts and Independent Contractor Agreements
- Disciplining and Terminating Employees
- Accommodating Disabled Employees
- Complicated Employee Leave Issues
Practice Areas
Experience
- Affirmative Action & Office of Federal Contract Compliance Programs
- Alternative Dispute Resolution
- Background Checks
- Discrimination & Harassment Claims
- Employee Whistleblower & Retaliation Claims
- Employment & Governmental Investigations
- Employment Policies, Procedures, & Handbooks
- Employment Practice Audits
- Government Contracts & Procurement
- Hiring, Performance Management, & Termination
- Insurance Policyholder Defense
- Labor & Employment Appellate
- Labor & Employment Litigation
- Labor Management & Traditional Labor Relations
- Non-Compete Issues
- Staffing, Independent Contractors, & Contingent Workers
- Trade Secrets
- Unfair Competition & Trade Secrets
- Wage & Hour
- Workplace Ethics, Compliance, & Investigations
- Workplace Safety & Health
- Workplace Training