Brenton S. Bean
Partner
Atlanta Office
365 Northridge Road, Suite 230
Atlanta, Georgia 30350
Brenton S. Bean is a partner in the Atlanta hub of Quintairos, Prieto, Wood & Boyer, P.A., with over 30 years of experience in employment and labor law. He represents private and public sector employers nationwide, particularly in the healthcare, trucking, and restaurant industries, defending cases in both state and federal courts. Mr. Bean is skilled in employment practices liability insurance policies and handles complex issues such as
employment discrimination, wage and hour claims, employee classification matters, disability and leave cases, and other employment torts.
Mr. Bean has a concentrated practice in disputes regarding non-compete, non-solicitation, and confidentiality agreements, and he regularly advises clients on Title VII, ADA, ADEA, FMLA, FLSA, and EEOC compliance. He has notable experience with class actions under the Fair Labor Standards Act, as well as consumer law class actions under the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and Fair Business Practices Act.
With a robust background in appellate work, Mr. Bean has presented oral arguments in federal Circuit Courts of Appeals and has appeared before the EEOC, Department of Labor, and OSHA. He also frequently represents public sector employers in constitutional matters, including First Amendment retaliation and Whistleblower Protection Act claims.
Mr. Bean is a frequent and sought-after speaker and author on employment law-related subjects. His publications and presentations include:
- · Author, "Curation Litigation: Social Networks' Right to Be Unsociable," DRI For the Defense, July 2024
- · Author, "You Can't Say That! Compelling Free Speech Issues before the Supreme Court," For The Defense, July/August 2023
- · Author, "It's Not Just Academic: Education in a Covid World," For The Defense, June 2020
- · Presenter, "#Copped and #Blocked: Emerging First Amendment Issues Involving Citizen Interactions with Government", FMG Seminar Series, March 2021
- · Presenter, "Marijuana Law and Policy", FMG Seminar Series, January 2021
- · Presenter, "Modern Technology and Employment Law: Luddites in a Brave New World", FMG Seminar series, October 2020
- · Presenter, "Not Me Too: Avoiding Sexual Harassment Liability", FMG Seminar Series, April 2019
- · Presenter, "Public Employment Law 2019", FMG Seminar Series, February 2019
- · Presenter, "Should I Stay, or Should I Go? Navigating the Maze of Employee Leave Laws", ALFA International Seminar, October 2017
Graduating cum laude from the Washington and Lee University in 1989, Mr. Bean received his Bachelor of Arts majoring in Economics and German. He went on to attend University of Georgia School of Law where he obtained a Juris Doctor to pursue a career in law. He is bilingual in both English and German and has been named Best Lawyers in America® for Labor and Employment Law - Litigation for 2021, 2022, and 2023.
Licensed to practice law in Georgia, Colorado, and Utah, he is admitted to the United States District Courts: Middle District of Georgia, Northern District of Georgia, Southern District of Georgia, District of Colorado, District of Utah and United States Courts of Appeals: Sixth Circuit, Tenth Circuit, Eleventh Circuit.
Representative Cases
- Cotriss v. City of Roswell, Case No. 2022 WL 2345729 (11th Cir. 2022)
- Summary judgment affirmed in favor of municipal police department alleged to have terminated Plaintiff's employment for flying the Confederate flag at her house above her patrol car; the Court held under the Pickering balancing test that the police department's interest in maintaining efficient operation and public confidence outweighed Plaintiff's interest in flying the flag.
- Swint v. City of Carrollton, 859 Fed. Appx. 395 (11th Cir. 2021)
- Court affirmed summary judgment on behalf of municipal employer alleged to have unlawfully terminated Plaintiff's employment because of her reporting an alleged sexual assault; the Court held that Plaintiff lacked evidence of pretext to create a jury question.
- Buford v. Life Storage, Case No. 20-10505, 2021 WL 3720044 (11th Cir. 2021)
- Summary judgment affirmed on behalf of a storage operator wherein Plaintiff alleged he were subjected to a race-hostile work environment and was discriminated and retaliated against found by a change in schedule and pay.
- Gordon v. Spalding County, Case No. 20V-0540 (Spalding Co. Supr. 2021)
- Granted summary judgment on behalf of the county prison facility wherein Plaintiff alleged he was a whistleblower who was terminated because he raised issues of noncompliance with a law, rule or regulation; court held that Plaintiff failed to show causation between their prior complaints and the adverse action, and further failed to show pretext for retaliation.
- Campbell v. Gambro Healthcare, 478 F. 3d 1282, (10th Cir. 2007)
- Summary judgment affirmed on behalf of dialysis clinic employer alleged to have unlawfully terminated Plaintiff's employment; the Court held that Plaintiff's FMLA leave did not insulate her from adverse employment action.
- Bush v. Gambro Healthcare, Case No. 06-5315 (6th Cir. 2007)
- Summary judgment affirmed in favor of dialysis clinic employer alleged to have not granted Plaintiff a promotion on the basis of their race and retaliated against her for filing EEOC charges; the Court ruled that Plaintiff had provided insufficient evidence that her charges were related to alleged adverse employment action.