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Katie Erno

Counsel
Counsel
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VCard
VCard

Areas of Focus

Overview

Private employers turn to Katie to provide timely, thoughtful, and strategic advice on compliance with the full spectrum of labor and employment laws. Katie routinely counsels clients on top-of-mind issues for employers, including discrimination and harassment complaints; diversity, equity, and inclusion (DEI) practices; employee discipline and termination; and accommodation and leave requests. As a seasoned litigator with over 15 years of experience in federal and state court, Katie has successfully defended clients in cases ranging from single-plaintiff lawsuits to high-exposure class actions. She advises clients through this lens, working collaboratively with them to build robust, defensible policies and practices to mitigate risk in the first instance, while being prepared to litigate when necessary to achieve business objectives. Katie enjoys getting to know her clients and the intricacies of their businesses to provide tailored and practical solutions to complex legal problems.

Katie also has deep experience handling highly sensitive investigations into employee claims of harassment, discrimination, hostile work environment, and retaliation—often involving key personnel and high legal and reputational exposure. Clients have confidence that Katie will handle these challenging situations with appropriate discretion and sensitivity and provide objective, insightful guidance and recommendations.

More recently, Katie has been actively advising private employers—including federal contractors—on compliance with federal anti-discrimination law and related executive orders targeted at DEI practices. She has extensive experience conducting comprehensive assessments of clients’ DEI programs, policies, and communications to mitigate risk under federal law in this current climate without compromising compliance with potentially conflicting state law mandates. Katie stays abreast of new developments in this shifting legal landscape so her clients can be confident that they are getting the best and most current advice.

Career & Education

    • Boston College, B.A., cum laude, Hispanic studies and communications, 2004
    • New York University School of Law, J.D., cum laude, 2009
    • Boston College, B.A., cum laude, Hispanic studies and communications, 2004
    • New York University School of Law, J.D., cum laude, 2009

    • California
    • District of Columbia
    • California
    • District of Columbia

Katie's Insights

Client Alert | 3 min read | 06.12.26

DOJ Guidance Backs Away From Disparate Impact Liability

On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”...

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Insights

Client Alert | 3 min read | 06.12.26

DOJ Guidance Backs Away From Disparate Impact Liability

Speaking Engagement | 04.22.26

"Labor and Employment: The Tumultuous Landscape Remains," OOPS 2026, Tyson's Corner, VA.

Client Alert | 3 min read | 04.14.26

DOJ’s False Claims Act Resolution Against IBM Signals Heightened Risk for Federal Contractors with DEI Programs

Blog Post | 04.09.26

Déjà Vu? New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity

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Practices

Katie's Insights

Client Alert | 3 min read | 06.12.26

DOJ Guidance Backs Away From Disparate Impact Liability

On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”...

View All Insights