Employment Discrimination

Our attorneys are leaders in the field of equal employment opportunity (EEO) law, continually tracking changes and developments that arise in employment law and conveying those implications to our clients. We leverage our unique position and connections in Washington, DC to stay ahead of the curve of developments from the U.S. Equal Employment Opportunity Commission (EEOC), the Department of Justice (DOJ), and other federal agencies. Our attorneys closely monitor EEOC public hearings, agency reports and rulemakings, as well as court filings, settlements, and court opinions that implicate discrimination law. Our first priority is helping our clients comply with EEO laws through careful planning, comprehensive counseling, and advising on precautionary measures to avoid litigation.

Our capabilities include:

• Audit Existing Practices
• Counsel on Employment-Related Issues
• Disparate Impact Analysis
• Policy Development
• Policy Review
• Training Programs

When litigation cannot be avoided, we have extensive experience representing clients in courts across the country in employment discrimination-related matters. We frequently represent employers before the EEOC and before state and local human rights commissions. We recognize that many employers prepare responses to administrative charges themselves as a cost-saving measure. Too often, however, those employers find that their responses are ineffective, and, in some cases, admit liability. Our team works closely with human resources personnel to prepare a response to the administrative charges in a cost-efficient manner. As a result, we are able to prepare responses that are concise, persuasive, and economical. We have a high success rate in obtaining "no reasonable cause" findings on behalf of our clients.

Our notable matters include:

• Negotiated a favorable settlement in a case involving sexual discrimination and harassment that resulted in avoiding an EEOC charge and waiver of all potential claims.
• Successfully defending an employer in Maryland state court in a jury trial of a religious discrimination case.
• Winning a partial motion to dismiss and settling the remaining claims at a fraction of the initial demand in a discrimination suit filed in Pennsylvania federal court.
• Defended an employer and two company officers in D.C. Superior Court against claims of defamation, slander, infliction of emotional distress, and disability discrimination, obtaining a partial summary judgment that resulted in a favorable settlement without the need for trial.
• Represented an employer in Virginia federal court in a sex discrimination case tried before a jury, resulting in a defense verdict on all counts.

Cultural Fit Assessment

Our Cultural Fit Assessments offer companies a tool to respond to the demand for proactive employer action concerning bias, diversity, equity, and inclusion that produces actual results. Instead of just checking a box, our clients walk away equipped with information that allows them to gauge the pulse of specific worksites; improve operations and morale; document efforts to remediate potential legal concerns through targeted coaching and training for specific managers; document employee satisfaction with the company’s adherence to its equal employment opportunity and diversity and inclusion standards; and prevent litigation. We have a deep bench of attorneys who can address the variety of potential legal issues that might arise during a Cultural Fit Assessment, and established relationships with coaching, training, conflict resolution, and diversity and inclusion professionals who can help companies implement tailored response plans. More information on Wiley’s Cultural Fit Assessment service is available here.

Early Employment Claim Response

Informal and formal claims of discrimination can consume an inordinate amount of time and energy for even the best legal and HR departments. Investigating matters quickly and efficiently is the backbone to any defense and often critical to eliminating or greatly reducing potential liability and disruption in the workplace. That said, while an ounce of prevention may be worth a pound of cure, we also understand that budgeting for such matters is critical to every business. The Early Employment Claim Response offers a flat-fee package of legal services to guide employers through investigating and responding to a demand letter or administrative charge alleging employment discrimination. Our Early Employment Claim Response service includes: (i)initial claim analysis; (ii) claim investigation, including witness interviews and compilation and analysis of relevant documents; (iii) demand letter or charge response; and (iv) preparation for and handling fact-finding conferences and on-site inspections by administrative agencies. More information on these services is available here.