We offer effective representation by using tailored litigation planning and strategy to obtain the best result at a reasonable cost. We excel at addressing emergent problems with our clients that often have significant financial and long-range implications.
In terms of litigation, our work involves the representation of employers before a number of tribunals, including state departments of human rights, the Equal Employment Opportunity Commission, as well as state and federal courts. The complaints in these cases are typically filed by one or more plaintiffs and often involve the following theories of recovery: age discrimination in violation of the Age Discrimination in Employment Act; discrimination on the basis of race, color, sex, or national origin in violation of Title VII; discrimination on the basis of disability of a "qualified person" in violation of the Americans with Disabilities Act; and retaliatory discharge, defamation, intentional infliction of emotional distress and breach of contract.
The trial lawyers in the Employment Practice Group play key roles on the teams that the department assembles in given cases. We have access to numerous experts and consultants in a wide variety of specialties.
We are also aware of the escalating costs of handling and defending employment disputes. Unlike many litigators who spend years engaging in expensive discovery only to recommend settlement on the eve of trial, the department's trial lawyers pride themselves on practical problem solving by resolving cases early and economically when appropriate, and by aggressively taking them to trial when they need to be tried. As a result of this practical orientation, we also have extensive experience in arbitration, mediation, mini-trials and other alternative dispute resolution procedures.
As part of our litigation management goals, we provide an early assessment of each case to determine the best avenue toward resolution, considering both the nature and potential exposure of the claim and the needs of the client. It is our feeling that the best way to accomplish this assessment is to work as a team with our clients so that informed decisions can be reached regarding case resolution. Cost containment and effective representation can best be served through early and active involvement on the part of the client, which also enhances the chances of obtaining the best possible result.