Kai McGintee

Kai McGintee is a member of Bernstein Shur’s Labor and Employment Law Practice Group and Education Law Group. Kai provides practical advice and preventive training to her clients on a broad range of workplace issues, including performance management, leaves of absence, employee relations, wage and hour compliance, anti-harassment, retaliation and discrimination laws, and the reasonable accommodation process. She drafts handbooks, policies and procedures for legal compliance and to ensure that best practices are followed.

Beyond her work representing corporate employers, Kai has a special focus representing colleges, universities and private secondary schools on both employment and education law matters, including tenure decisions, student matters, FERPA, affiliation agreements and Title IX.

Kai has litigated numerous employment cases in state and federal court, and routinely represents employers and educational institutions before the Maine Human Rights Commission, Equal Employment Opportunity Commission, and Unemployment Compensation Commission. Kai has also argued cases at the First Circuit Court of Appeals and the Maine Supreme Judicial Court.

In addition to her counseling and litigation practice, Kai conducts internal investigations for employers and educational institutions on a variety of workplace issues. She has obtained specialized training to conduct workplace and Title IX investigations and received certifications from the Association of Workplace Investigators and Title IX ASAP Trainers. Kai frequently speaks on the topic of investigations and has authored several articles on the topic.

Kai is a magna cum laude graduate of the University of Maine School of Law, where she served as the Case Note and Comment Editor on the Maine Law Review. 

Kai is a former board member of The Telling Room, a non-profit writing center for children located in Portland, Maine. She also represents victims of domestic violence on pro bono matters in state court. Kai is recognized as a 2013 Rising Star by New England Super Lawyers for her work in labor and employment.