Hon. Thomas McPhee (Ret.) brings to JAMS more than 40 years of legal experience, including 22 years on the Thurston County Superior Court. He has tried nearly every type of case imaginable, earning a reputation for being one of the hardest working jurists in the region. Judge McPhee conducted more than 300 settlement conferences and required dispute resolution in all civil cases assigned to him. At JAMS he serves as a mediator, arbitrator, and special master with experience administering disputes regarding electronically stored information.
Judge McPhee has extensive experience with employment matters, including harassment, retaliation, whistleblower, and discrimination cases. As a lawyer, he tried employment discrimination cases in state and federal court, and before the EEOC. As judge, he ruled on numerous disputes between unions and employers, primarily state agencies, and reviewed decisions of PERC. He has conducted trials and decided dispositive motions in numerous employment discrimination cases and is experienced in application of the McDonnell Douglas burden-shifting protocol.
- Mediated claim by teacher against school district for sexual orientation discrimination and retaliation.
- Mediated claim by retail sales employee against national retailer for age discrimination and failure to accommodate.
- Mediated claim by engineer employee against large employer for hostile work environment, retaliation, and stress induced permanent disability.
- Mediated claim by medical lab tech against national laboratory chain for race discrimination.
- Mediated claim by hearing impaired employee for failure to accommodate and discrimination based on disability.
- Arbitrated wage claim (bonuses exceeding $1 million) brought by general manager of auto dealership.
- As judge, decided employment discrimination and wrongful discharge case typical of many employment cases decided by Judge McPhee. Case, involving four separate claims of discrimination, progressed through substantial motion practice and was dismissed on summary judgment (affirmed on appeal, 164 Wash. App. 1063).