Marcia Pearson focuses her practice on defending employers in matters involving discrimination, retaliation, wrongful discharge, harassment, wage and hour disputes, and leave-related claims. She has represented clients in actions alleging race, sex, religion, age, national origin, disability, and sexual orientation discrimination, as well as claims arising under the Family and Medical Leave Act (FMLA) and Fair Labor Standards Act. Marcia handles matters before state and federal courts, administrative agencies, including the U.S. Equal Employment Opportunity Commission and state human rights commissions, governmental agencies, and during pre-suit negotiations. 

A key aspect of Marcia’s practice involves advising human resources professionals, corporate leadership, and risk managers on employment-related issues, including hiring and termination decisions, workplace accommodations, FMLA leave, wage and hour compliance, employment policies, employee handbooks, and workplace training. She also conducts harassment training and assists clients with internal investigations involving allegations of discrimination or harassment. Marcia represents a diverse range of clients, including hospitality companies, health care organizations and providers, restaurants, and manufacturing and distribution businesses. In addition, she handles personal injury, medical malpractice, and commercial litigation matters.

Marcia places particular emphasis on alternative dispute resolution and proactive risk management. She works closely with clients to evaluate potential exposure, respond to pre-suit demands, and develop practical strategies aimed at preventing or minimizing litigation. Her familiarity with the operational realities of the hospitality and health care industries allows her to provide meaningful pre-litigation counseling as well as defense of employment claims.

Community Involvement
A former board member of Big Brothers Big Sisters of Kentuckiana, Marcia continues to provide the organization with pro bono legal advice and annual discrimination and harassment training for its employees and managers.

Areas of Focus

Employment
Marcia advises human resources personnel regarding hiring, termination decisions, accommodations, FMLA leave, wage and hour issues, diversity training, employment policies, and employee handbooks. She also provides sexual harassment training and assists with internal investigations involving allegations of harassment or discrimination. In addition, she defends employers in matters involving discrimination, retaliation, wrongful discharge, defamation, sexual harassment, and collective actions under the Fair Labor Standards Act.  

Risk Management
Marcia frequently collaborates with clients on risk management strategies designed to prevent or minimize costly litigation. She also assists clients in evaluating and responding to pre-suit demands, with an emphasis on resolving disputes efficiently before litigation becomes necessary. Marcia approaches each matter with her clients’ business objectives in mind, tailoring strategies to their operational and legal needs. 

Personal Injury
Marcia has significant experience defending nursing home and medical malpractice claims, as well as other cases involving serious personal injury.

    Education

    • University of North Carolina School of Law (J.D., 2003)
      • cum laude
    • Franklin College (B.A., 1999)
      • summa cum laude

    Bar Admissions

    • Kentucky
    • Ohio
    • Tennessee

    Court Admissions

    • U.S. Court of Appeals, Sixth Circuit
    • U.S. District Court, Eastern District of Kentucky
    • U.S. District Court, Western District of Kentucky
    • U.S. District Court, Southern District of Ohio
    • U.S. District Court, Middle District of Tennessee
    • U.S. District Court, Western District of Tennessee

    Professional Affiliations

    • American Bar Association
    • Kentucky Bar Association
    • Louisville Bar Association

    Awards & Honors

    • Selected for inclusion in The Best Lawyers in America®, 2024-2027
    • Selected for inclusion in The Best Lawyers in America® Women in Law, 2025
    • 2023 Lawyer of the Year, Litigation – Health Care, The Best Lawyers in America©
    • Selected as one of The Best Lawyers in America© in Health Care Litigation and Medical Malpractice areas, 2019-2023
    • Selected for inclusion in Kentucky Super Lawyers Rising Stars, 2015

Events

Marcia Pearson focuses her practice on defending employers in matters involving discrimination, retaliation, wrongful discharge, harassment, wage and hour disputes, and leave-related claims. She has represented clients in actions alleging race, sex, religion, age, national origin, disability, and sexual orientation discrimination, as well as claims arising under the Family and Medical Leave Act (FMLA) and Fair Labor Standards Act. Marcia handles matters before state and federal courts, administrative agencies, including the U.S. Equal Employment Opportunity Commission and state human rights commissions, governmental agencies, and during pre-suit negotiations. 

A key aspect of Marcia’s practice involves advising human resources professionals, corporate leadership, and risk managers on employment-related issues, including hiring and termination decisions, workplace accommodations, FMLA leave, wage and hour compliance, employment policies, employee handbooks, and workplace training. She also conducts harassment training and assists clients with internal investigations involving allegations of discrimination or harassment. Marcia represents a diverse range of clients, including hospitality companies, health care organizations and providers, restaurants, and manufacturing and distribution businesses. In addition, she handles personal injury, medical malpractice, and commercial litigation matters.

Marcia places particular emphasis on alternative dispute resolution and proactive risk management. She works closely with clients to evaluate potential exposure, respond to pre-suit demands, and develop practical strategies aimed at preventing or minimizing litigation. Her familiarity with the operational realities of the hospitality and health care industries allows her to provide meaningful pre-litigation counseling as well as defense of employment claims.

Community Involvement
A former board member of Big Brothers Big Sisters of Kentuckiana, Marcia continues to provide the organization with pro bono legal advice and annual discrimination and harassment training for its employees and managers.

Privacy Settings
Your Privacy Choices
We value your privacy. Under privacy laws in your jurisdiction, you have the right to control how your personal information is used, including the right to opt out of the “sale” or “sharing” of your personal information for cross-context behavioral advertising. You may also limit the use of your sensitive personal information.

Below, you can review and adjust your cookie and data sharing preferences. For more information about how we use your data, please see our Privacy Policy.

Your Rights and Choices

Opt Out of Sale or Sharing: You may opt out of the sale or sharing of your personal information for advertising and analytics purposes by turning off Advertising & Targeting Cookies. We will honor your choice and will not sell or share your personal information for these purposes unless you enable these cookies again. Wilson Elser does not sell or share personal information in any other manner.

Limit Use of Sensitive Personal Information: If we collect sensitive personal information, you may limit its use to only what is necessary to provide requested services by adjusting your preferences here. Please contact privacy@wilsonelser.com with any questions.

Global Privacy Control: We honor browser-based opt-out signals, such as the Global Privacy Control (GPC). If we detect such a signal, your opt-out preference will be automatically applied.

These cookies are essential for the website to function and cannot be switched off in our systems. They are usually set in response to actions made by you, such as setting your privacy preferences, logging in, or filling in forms.

These cookies enable the website to provide enhanced functionality and personalization. If you do not allow these cookies, some or all of these services may not function properly.

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They may be set through our site by us or our analytics partners to understand your interests and deliver more relevant content to you. If you do not allow these cookies, we will not know when you have visited our site