Sharon K. Malheiro
CONCENTRATION
Sharon Malheiro is a senior shareholder and past president of the
board of directors at the Davis Brown Law Firm. As a member of the
firm's Litigation Division, she practices in the area of employment law,
including employment discrimination litigation, EEO/AA, and corporate
employment policies and practices. She also practices in the area of media and communications law, including open records and open meetings litigation as well as defamation defense actions.
Sharon is an advocate for civil rights issues relating to the gay,
lesbian, bisexual and transgendered community. She was appointed by the
Iowa Supreme Court to serve as a member of the Iowa Supreme Court's Task
Force on Gender and Racial Bias in the Judicial System. After the
completion of the Task Force's report, she was asked to serve as a
member of the Iowa Supreme Court's Monitoring Committee, which was
charged with the duty to ensure that the recommendations made by the
Task Force were implemented. In addition, she provides pro bono legal
counsel for the Aids Project of Central Iowa, and is one of the cooperating attorneys for Lambda Legal Defense and Education Fund.
Sharon is admitted to practice in Iowa, the United States District
Courts of the Northern and Southern Districts of Iowa and the Eighth
Circuit.
REPRESENTATIVE ENGAGEMENTS
-
Sak v. City of Aurelia, United States District Court for the Northern District of Iowa, successfully defended the Americans with Disabilities Act against breed-specific legislation by obtaining a permanent settlement agreement allowing a disabled man to keep his "pit bull" service dog.
- Gartner v. Iowa Department of Public Health, the Iowa District Court for Polk County, co-counsel with Lambda Legal Defense and Education Fund obtained a court order requiring the state's Department of Public Health to issue a birth certificate for a child born to a same-sex couple that lists both spouses as parents in reliance on their marriage and the spousal presumption of parentage it creates. In May 2013, the Iowa Supreme Court unanimously ruled Iowa parents in same-sex marriages must be allowed to have both of their names listed on their child’s birth certificate, consistent with Iowa’s spousal presumption of parentage.
- Buntemeyer v. Iowa Department of Public Health, the Iowa
District Court for Polk County, co-counsel with Lambda Legal Defense and
Education Fund, seeking a court order requiring the state's Department
of Public Health to issue a death certificate for a stillborn child of a
married same-sex couple, listing both spouses as parents in reliance on
their marriage and the spousal presumption of parentage it creates.
- Varnum v. Brien,
the Iowa District Court for Polk County and Iowa Supreme Court, expert
witness for Plaintiff's in landmark case declaring Iowa Defense of
Marriage Act unconstitutional.
- Alons v. Iowa District Court,
Iowa Supreme Court, co-counsel with Lambda Legal Defense and Education
Fund, upheld a district court decision dissolving the civil union of a
same-sex couple who received a civil union in Vermont.
- Mackie v. US Manufacturing, Inc., United States District Court for the Northern District of Iowa, summary judgment for employer in sexual harassment case.
- Iowa Protection and Advocacy, Inc. v. Gerard of Iowa,
United States District Court for the Northern District of Iowa,
preliminary injunction allow Iowa Protection and Advocacy access to a
psychiatric medical facility for children to undertake a death
investigation regarding the illegal use of restraints.
- Young v. Titan Tire, Inc., United States District Court for the
Southern District of Iowa, jury verdict for employer in a sexual and
race discrimination case.
- Mitchell v. Iowa Protection and Advocacy, Inc., United States
District Court for the Southern District of Iowa, summary judgment for
employer in a retaliation claim.
- Brummett v. Taylor, United States District Court for the
Southern District of Iowa, judgment notwithstanding the verdict in a
defamation case in favor of the defendant. Upheld on appeal to the
Eighth Circuit Appeals Court.
- Buss v. Titan Tire, Inc., United States District Court for the
Southern District of Iowa, verdict for employer in an age discrimination
case.
- Kooyman v. Firstar Bank, United States District Court for the
Southern District of Iowa, summary judgment for employer in a disability
discrimination case.
- Maxwell v. Fisher Controls, Inc., United States District Court
for the Southern District of Iowa, summary judgment for employer in a
race discrimination case.
- Rivas v. Titan Wheel International, United States District Court
for the Southern District of Iowa, summary judgment for employer in a
race discrimination case.
- Viles v. Iowa State Daily Publications Board, Iowa District
Court for Story County, summary judgment for defendant on claim of
defamation.
- Pearson v. Titan Tire, Inc., Iowa District Court for Polk County, ruling for employer in case of age discrimination.
- Steigel v. Holmes Murphy and Associates, Inc., Iowa District
Court for Polk County, verdict for employer in breach of contract case.
Upheld on appeal.
- Christensen v. Wright Tree Service, Inc., Iowa District Court
for Polk County, summary judgment for employer in case of age
discrimination.
- Hawkeye Communication, Inc. v. Montgomery County Board of
Supervisors, Iowa District Court for Montgomery County, received a
ruling finding that the county violated Iowa's open meetings statute.
Upheld on appeal.
- Des Moines Register v. Central Iowa Employment Training, Iowa
District Court for Polk County, receiving a ruling that defendant
governmental board did not violate Iowa's open meetings statute.
PROFESSIONAL RECOGNITION
- AV® Preeminent™ rated by Martindale-Hubbell. An AV certification mark is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.
- The Best Lawyers in America, Employment Law - Management and Litigation - Labor & Employment
- Chambers USA, Labor & Employment, Iowa Ranked Band 2, 2012
- Best Lawyers' 2013 "Des Moines Employment Law - Management Lawyer of the Year."
- Great Plains Super Lawyers, Employment and Labor
- Gertrude Rush Award Recipient, 2013
- Business Record "Women of Influence" Award, 2010
- Greater Des Moines Leadership Institute Distinguished Civic Leadership Award, 2010
- Methodist Federation for Social Action, 2009
- Matthew Shepard Scholarship Leadership Award, 2009
- Friends of the Iowa Civil Rights Commission's Leadership Award, 2009
- Central Iowa Activist Awards: Human & Civil Rights, 2006
- Young Women's Resource Center "Woman of Vision" Award for work on the LGBT Civil Rights movement in Iowa, 2002
OF NOTE
Prior to entering the private practice of law, Sharon clerked for the
Honorable Louis A. Lavorato, Chief Justice of the Iowa Supreme Court.
COMMUNITY
Sharon is member of the board of directors of Employee and Family Resources and serves on the Drake University Law School Board of Counselors. She has served on the board of directors of the Family Futures
Network, a day care for homeless children; Big Brothers Big Sisters of
Central Iowa; and the Polk County Women Attorneys. She was a member of
the 1998-1999 class of the Greater Des Moines Leadership Institute.
In addition, she is currently the chair of One Iowa,
a state wide organization seeking full equality for a Lesbian, Gay,
Bisexual and Transgender Iowa. She is former president of the Lesbian,
Gay, Bisexual and Transgendered Community Center of Central Iowa. She
was a charter member of Lambda Beta Nu, Des Moines' first lesbian
breakfast club.
PERSONAL
Sharon lives with her spouse Sue Ackerman and their two Lhasa Apso puppies, Martini and Rossi.
Memberships
-
American Bar Association
-
Iowa Defense Counsel Association
-
Iowa State Bar Association
-
Polk County Bar Association
-
Polk County Women Attorneys
Alma Maters
-
Drake University, 1978
-
Drake University Law School, 1989
Bar Admissions
Articles