Civil Rights, Discrimination and Retaliation

Employment Discrimination and Affirmative Action

We represent employers in race, color, religion, sex, sexual harassment, age, disability, pregnancy, national origin and HIV-related employment discrimination proceedings before federal, state and local equal employment agencies, as well as in the federal and state courts. We also advise our government contractor clients in meeting their affirmative action obligations under the applicable federal and state laws and represent them in connection with OFCCP compliance reviews, the negotiation of conciliation agreements, and related enforcement proceedings.

State Law Tort and Statutory Claims

State courts and legislatures increasingly are creating inroads on the long-established at-will employment doctrine. As they do, employees have a greater number of options available to challenge their employer's discipline, discharge and employment-related decisions. We have substantial experience in advising employers to avoid the liability traps associated with employment-related torts and state statutory claims, such as defamation, negligent retention, intentional infliction of emotional distress, invasion of privacy, and wrongful discharge. We also regularly defend employers against such claims in state courts across the nation.

Whistleblower Claims

Our attorneys have been advising clients about employee claims of “retaliation” and defending employers in whistleblower situations long before the enactment of Sarbanes-Oxley (SOX). Although SOX has created an entirely new federal source of whistleblower claims, our attorneys not only defend our clients in these new SOX claims but also continue to represent employers opposing whistleblower claims filed under nearly a dozen other federal statutes and many state laws.

Employment Counsel, Policies and Contracts

We provide ongoing employment counsel to employers the full gamut of labor and employment issues involved in their businesses, including equal employment opportunity, reasonable accommodation, discipline and discharge, wage and hour, employee benefit, medical leave, and criminal background check issues. We draft employee handbooks, policy manuals, corporate codes of conduct, compliance programs, work rules, disciplinary guidelines, drug testing programs, employment applications, and other employment policies and forms. We also draft employment, change-in-control, independent contractor and employee leasing agreements, and alternative dispute resolution programs, including mandatory mediation and arbitration procedures.

Employment Law Training

Having well-trained supervisors and managers is a key to avoiding or successfully defending against employment claims and related liability. Our attorneys regularly provide training for management employees, human resource professionals and first-line supervisors on various employment law topics, including conducting internal investigations, workplace harassment, minimizing exposure when making and implementing discipline and discharge decisions, effectively handling retaliation claims, attendance control programs, conducting performance evaluations, and managing employee leave requests. We work with clients to deliver customized training on the most efficient and cost-effective basis, using the latest technology and a variety of techniques, including lectures, mock demonstrations, group discussions, role-playing and quizzes.