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Employment Discrimination Counseling and Litigation

Overview

Crowell & Moring's labor and employment lawyers have extensive experience advising clients and litigating matters across the broad spectrum of federal and state equal employment opportunity issues. Among those issues are:

  • Discrimination and harassment (including Title VII, ADA, ADEA, Lilly Ledbetter and comparable state acts)
  • Family leave (including FMLA and comparable state acts)
  • Retaliation and whistleblowing
  • Criteria for hiring, promotion, discipline, and termination, including reductions in workforce
  • Use of background checks
  • Administrative compliance

We represent employers of all sizes, from small family owned businesses to Fortune 100 corporations, in a diverse array of industries. We offer our services locally or throughout our clients' national operations, depending on our clients' needs.

Litigation

Litigation is a core strength of our firm and of our equal employment opportunity (EEO) practice. Although we routinely advise and counsel clients on litigation avoidance strategies, when litigation disputes arise, we are fully equipped to handle such matters from the complaint through the final appeal, regardless of the forum or subject matter. We place strong emphasis on strategies designed to resolve cases favorably before trial, including at the summary judgment phase, and we position cases for resolution at arbitration and mediation when appropriate. When cases cannot be settled or dismissed, our lawyers have vast experience in taking them to trial, and a superior record of success before judges and juries.

Our litigation practice includes individual and class action discrimination cases across the country, in federal as well as state courts. These cases involve disparate treatment and impact claims, and span the full range of protected categories, including race, sex, age, disability, veteran status, national origin, and religion, in addition to claims under the Family Medical Leave Act and its state law progeny.

Counseling and Advice

Our lawyers regularly advise clients on how to minimize the risk of workplace discrimination claims through proactive planning. In addition to providing advice regarding hiring, firing, and employee actions between the two, as referenced above, we offer the following:

  • On-site discrimination and harassment training for managers, human resources professionals and/or legal counsel
  • Investigation of harassment allegations made by employees
  • Preparation and revision of personnel policies and handbooks
  • Generation of "EEO Assessments," i.e., detailed compensation and data analyses designed to identify hidden statistical vulnerabilities in connection with employee groups that may be disadvantaged by the employer's systems

Agency Work

Our firm's Washington, D.C. base provides strong connections to, and understanding of, the regulatory sphere regarding discrimination issues. We are thus able to provide effective commentary related to proposed new federal discrimination regulations and amendments.

Our labor and employment attorneys also have decades of experience responding to governmental investigations and inquiries.  We routinely handle charges filed by employees with the Equal Employment Opportunity Commission (EEOC) and state human rights agencies. 

Contacts

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Insights

Client Alert | 3 min read | 05.30.23

July 5 is Almost Here: Are You Using Automated Employment Decision Tools in NYC?

On May 22, 2023, the Department of Consumer and Worker Protection (“DCWP”) held a roundtable on Local Law 144, New York City’s law regulating the use of Automated Employment Decision Tools (“AEDT”), which will go into effect on July 5.  The roundtable followed the “Final Rule” for the New York AEDT law and clarified several open questions that the Final Rule had left unanswered, including the applicability of the law, the scope of data requirements for the bias audit, and the notice requirement....

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Representative Matters

  • Obtaining summary judgment on race discrimination and retaliation claims brought in the Southern District of New York and dismissal of the appeal by the U.S. Court of Appeals for the Second Circuit
  • Obtaining summary judgment in the District Court of Colorado on the former employee's Title VII and retaliation claims
  • Obtaining dismissal by the Superior Court of the State of Washington of all statutory and common law class claims arising from the alleged failure to accommodate employees’ religious beliefs
  • Obtaining dismissal in the Supreme Court of the State of New York State court of a race discrimination and retaliation case on behalf of numerous defendants
  • Obtaining summary judgment in the Southern District of Tennessee as to a former employee's claims of sexual harassment, retaliation, and constructive discharge

Contacts

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Insights

Client Alert | 3 min read | 05.30.23

July 5 is Almost Here: Are You Using Automated Employment Decision Tools in NYC?

On May 22, 2023, the Department of Consumer and Worker Protection (“DCWP”) held a roundtable on Local Law 144, New York City’s law regulating the use of Automated Employment Decision Tools (“AEDT”), which will go into effect on July 5.  The roundtable followed the “Final Rule” for the New York AEDT law and clarified several open questions that the Final Rule had left unanswered, including the applicability of the law, the scope of data requirements for the bias audit, and the notice requirement....

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Insights

Client Alert | 3 min read | 05.30.23

July 5 is Almost Here: Are You Using Automated Employment Decision Tools in NYC?

Client Alert | 3 min read | 04.28.23

New York State Rolls Out New Requirements for Sexual Harassment Prevention Policies

Client Alert | 4 min read | 03.27.23

NLRB General Counsel Issues Guidance Regarding the McLaren Decision

Press Coverage | 03.27.23

Plan For Fewer Compliance Checks Draws Ex Monitors’ Concern
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Professionals

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Insights

Client Alert | 3 min read | 05.30.23

July 5 is Almost Here: Are You Using Automated Employment Decision Tools in NYC?

On May 22, 2023, the Department of Consumer and Worker Protection (“DCWP”) held a roundtable on Local Law 144, New York City’s law regulating the use of Automated Employment Decision Tools (“AEDT”), which will go into effect on July 5.  The roundtable followed the “Final Rule” for the New York AEDT law and clarified several open questions that the Final Rule had left unanswered, including the applicability of the law, the scope of data requirements for the bias audit, and the notice requirement....

View All Insights