Nathan Prihoda devotes his practice to advising and representing employers in multiple industries, to include energy, healthcare, higher education, retail, and utilities, in a variety of employment matters, including but not limited to cases involving:
- Discrimination, retaliation, and workplace harassment on the basis of race, national origin, religious, sex, age, or disability under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), 42 U.S.C. §1981 (Section 1981), and Chapter 21 of the Texas Labor Code
- Wage and hour claims under the Fair Labor Standards Act (FLSA)
- Interference or retaliation under the Family and Medical Leave Act (FMLA)
Additionally, Nathan is experienced in all stages of litigation, including preparation of pleadings, drafting and arguing nondispositive and dispositive motions, discovery and eDiscovery, and trial and appeals. Nathan has also represented life, health and disability insurers in litigation matters throughout Texas in state and federal courts, under ERISA and state law claims, including litigation involving ERISA and disputes over disability, life and health coverage.
Nathan also assists employers with responding to administrative charges of discrimination before the Equal Employment Opportunity Commission (EEOC) and Texas Workforce Commission.
Prior to rejoining Littler in 2023, Nathan was senior counsel with a large multinational retailer, where he was responsible for managing employment litigation matters across approximately thirty-five U.S. states and two Canadian provinces. In that role, Nathan gained considerable experience advising corporate leaders and human resources personnel on issues including labor relations, employee discipline, workplace safety, terminations, leaves of absence, and accommodations. Nathan also spearheaded several company-wide policy initiatives and helped develop and deliver company-wide trainings to global audiences on a variety of labor and employment law-related topics. Using that experience, Nathan provides advice and counsel to a wide spectrum of employers—including closely-held businesses, start-ups, regional companies, and transnational corporations—on issues such as:
- Reviewing and drafting employee handbooks and related policies
- Leading or facilitating privileged investigations into allegations of employee misconduct
- Developing and deploying company-wide trainings on labor and employment law-related topics for management and frontline employees
- Assisting with questions related to hiring, performance management, discipline, termination, and investigation of discrimination and harassment concerns
Selected Matters
- Successfully achieved complete summary judgment in favor of higher education sector client in a yearslong case involving claims of discrimination and retaliation under Chapter 21 of the Texas Labor Code
- Secured complete summary judgment and dismissal of all claims in a case alleging race discrimination and retaliation in violation of multiple federal statutes for a Houston-based utility company
- Obtained complete summary judgment in favor of an energy sector client in a case involving claims of discrimination and retaliation under the Americans with Disabilities Act and Chapter 21 of the Texas Labor Code
- Prevailed in the arbitration of a case involving age and disability discrimination claims against a Texas-based real estate leasing and management company, resulting in a dismissal of all claims
- Lead author of appellate brief presented to the Fifth Circuit Court of Appeals, resulting in Fifth Circuit’s affirmance of trial court’s summary judgment dismissing all of plaintiff’s claims, including breach of contract, sex discrimination, and age discrimination
