Sue Cercone

Sue Cercone Associate

An attorney in LCW's Fresno Office, Sue has over 20 years of litigation experience assisting educational institutions and public sector agencies in a variety of education and employment law matters. She has served as legal counsel to elementary, secondary and community college institutions for both the public and private sectors and has handled the defense of employers in actions brought by employees, former employees, applicants, and students. Sue has over 15 years of first-chair experience and has prevailed on behalf of clients in over 75% of the cases she has tried.

Sue has extensive practice representing education clients in administrative actions and litigation concerning special education programs, including access for students with disabilities, implementation and monitoring of 504 plans (Section 504 of the Rehabilitation Act), compliance with the Americans with Disabilities Act, Student Individualized Education Programs (IEPs), and alleged violations of IDEA.

Her experience includes handling the defense of claimed violations of the California Fair Employment and Housing Act (FEHA), Americans with Disabilities Act (ADA), Age Discrimination and Employment Act (ADEA), Fair Labor Standards Act (FLSA), Family and Medical Care Leave Acts (FMLA), Individuals with Disabilities Education Improvement Act (IDEA), wrongful termination, violation of state and/or federal constitutional rights, Section 1983 claims, privacy claims and defamation claims.

Sue has also defended educational institutions in actions brought by students and employees alleging claims such as harassment, discrimination, retaliation, civil rights claims, tort claims, and breach of contract. In one such matter, Sue served as chair when a former college employee brought suit claiming unlawful harassment and discrimination. After an intense cross examination of the plaintiff, the case was settled for nuisance value.

In a separate matter, Sue obtained summary judgment for an education client in a wrongful termination suit in which the plaintiff alleged numerous causes of action and filed 7 amended complaints including Gender Discrimination, Sexual Harassment, and the failure to prevent both from taking place.

In addition to her litigation practice, Sue is also a regular presenter, conducting trainings on topics such as preventing discrimination and harassment, performance documentation and evaluation, discipline, and accommodations. She has represented clients in administrative proceedings which include the discipline of permanent employees and the release of probationary employees and has coordinated multiple investigations arising from allegations of discrimination, harassment, and retaliation.

Prior to joining Liebert Cassidy Whitmore, Sue was a partner at a Central Valley firm where she represented clients before state and federal courts along with the Department of Fair Employment and Housing, the Equal Employment Opportunities Commission, and the California Labor Commissioner.

Education

  • JD, San Joaquin College of Law

  • BA, Colorado State University

1 June 2017
Consortium Trainings

Human Resources Academy I for Community College Districts

Central CA CCD ERC Fresno
Read more
1 June 2017
Consortium Trainings

Human Resources Academy II for Community College Districts

Central CA CCD ERC Fresno
Read more

Education

  • JD, San Joaquin College of Law

  • BA, Colorado State University

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