PROFESSIONAL EXPERIENCE
Ms. Kilduff is a graduate of U.C. Berkeley with a B.A. in English, 1970, and McGeorge School of Law, J.D., 1982. At McGeorge she was a member of the Pacific Law Journal and the Trial Advocacy Competition Team. Prior to co-founding her present firm in 1997, she was associated with and a partner in another defense firm in Sacramento. She is a CEB instructor for courses on depositions and employment law, and has conducted a series of P.O.S.T.-certified classes on sexual harassment. Ms. Kilduff has been trained as a mediator by the American Arbitration Association and serves in that capacity on the early neutral evaluation panel for the Eastern District federal court. She joined the State Bar in 1982 and is a member of the Sacramento County Bar Association, the American Inns of Court and the Federal Bar Association. She is admitted to practice for the Ninth Circuit and U.S. Supreme Court. Her extensive experience includes public entity defense, general litigation and tort defense, as well as discrimination and wrongful termination. Ms. Kilduff is rated “AV” by Martindale-Hubbell. The following elaborates on this biography.
3/97 - Present
Angelo, Kilday & Kilduff - Founding Partner
AV rated with extensive experience litigating all types of discrimination cases, sexual harassment, wrongful termination, civil rights and personal injury suits; ongoing consultation for public entity and private clients on employment matters.
1985 - 3/1997
Bolling, Walter & Gawthrop - Shareholder and Associate
Extensive experience litigating discrimination, sexual harassment, wrongful termination, civil rights and personal injury suits; ongoing consultation for clients on employment matters.
1983 - 1985
Erickson Arbuthnot - Associate
Public entity defense, tort litigation, civil rights litigation, discrimination and wrongful termination litigation in both state and federal court.
INVESTIGATION EXPERIENCE
Investigations as outside, independent contractor for California State University, also supervising associate attorneys conducting investigations. Numerous seminars on standards for performing in-house investigations, policies, procedures and practice, preventing and responding to complaints of harassment, discrimination, and retaliation. Certified to conduct seminars for P.O.S.T. and California Mandatory Continuing Legal Education.
Twenty-two years of defending public entities in employment litigation.
Review and legal analysis of investigations performed by:
- in-house analysts or attorneys;
- outside investigators/attorneys; and
- by EEOC and DFEH investigators. (Approximately 300 plus cases involving a complaint either with DFEH or EEOC.)
Responding to complaints filed by employees with DFEH or EEOC against employers:
- Preparing formal responses: including retrieving information, gathering documents, interviewing employees and witnesses, summarizing information, and preparing report/response.
- Responding to requests for information from EEOC and DFEH investigators.
- Sitting in on interviews with witnesses.
- Direct interaction with EEOC and DFEH investigators/attorneys.
- Various communications relative to pending investigations.
- Mediating cases on behalf of employers.
- Negotiating settlement on behalf of employers.
- Defending action filed by DFEH as opposing counsel representing public entity defendant.
Twenty-two years of litigating employment cases involving some aspect of discrimination claims. Represented approximately 10-15 plaintiffs/claimants over the years in filing complaints with EEOC and DFEH, mediating with those agencies, obtaining right to sue letters, and occasionally filing civil actions. Defended approximately 400 matters for employers involving some type of employment-related claim or action, including legal analysis of liability under facts, applicable standards, current case law.
Represented individual firefighters accused of sexual harassment by US Forest Service, and reviewed investigation, gathered additional evidence and presented argument for firefighters.
Ongoing work advising public and private employers, assisting with in-house investigations after complaints, drafting policies, implementing disciplinary action, taking corrective action to avoid litigation, negotiating and drafting severance agreements.
LAW ENFORCEMENT
Numerous cases representing various police agencies, sheriff’s departments, marshal’s office, and district attorney offices in employment matters. Debriefing and consultation for these agencies as requested on related topics.
Defended several cases involving POBR claims, review of many internal investigations and analysis of POBR issues. Familiar with Lybarger warning, documentation requirements of statutes and current case law. Defended Police Chiefs and District Attorneys on employment cases through trial.
Periodic seminars for public entity and private clients on employment-related topics, including P.O.S.T.-certified seminar for Placer County Law Enforcement Association on employment law topics of current interest.
AGENCY-WIDE INVESTIGATIONS
Involved in defending cases of agency-wide investigations/claims, defending cases involving multiple plaintiffs from same agency, and advising clients with ongoing agency-wide problems as to investigation, appropriate action.
LEVEL OF REPRESENTATION
Have represented agency heads, high level educators/administrators, directors and elected officials, including City Council members, Board of Supervisor members, Police and Fire Chiefs, Judges and District Attorneys.
Frequently work with mid-level managers to address issues and complaints, defend claims.
Also have represented line personnel, clerical, maintenance, and entry-level employees, including individual employees sued separately from their employer.
Have worked with or interviewed, and on some occasions deposed, union reps in various matters. Depending on case issues, have in some matters worked with attorneys representing union members. Recently represented department head with background of strong union participation in matter where union representation and interaction with plaintiff was an issue. Often review and analyze MOU and collective bargaining agreements for provisions relevant to disputes.
TESTIFYING IN COURT
Have drafted and submitted declarations under penalty of perjury for witnesses and to verify information in motions related to employment matters. Have presented human resources witnesses, experts and others to testify about investigations, employment matters in deposition and trial. Have cross-examined these types of witnesses in depositions and at trial. Have put on and cross-examined witnesses in administrative actions, reviewed and evaluated testimony in light of legal analysis and authority.
COURT ADMISSIONS
Admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, the U.S. District Court for the Eastern District of California, the U.S. District Court for the Northern District of California, and all California courts
PROFESSIONAL MEMBERSHIPS
- California State Bar - Labor and Employment Law Section, Federal Bar Association,
- Sacramento County Bar Association
PRESENTATIONS
"Sexual Harassment and Discrimination" -- Black Insurance Professionals Association; California Joint Powers Insurance Authority; City of Davis; Industrial Indemnity Insurance Company; Physicians Clinical Laboratories; Sacramento Police Department (P.O.S.T. certified); Mandatory Supervisor Training for Employers with 50 or more employees
"Taking and Defending Depositions" -- California Continuing Education of the Bar
"Current Topics of Interest and Concern on Elimination of Gender Bias in the Legal Profession" --Yolo County Bar Association
"Civil Liability for Supervisors" -- Sacramento Police Department
"Interplay of FLMA, Workers Compensation and ADA" -- Continuing Education of the Bar
