Employment Discrimination Advice and Litigation
For over 30 years, High Swartz has represented employers, ranging from main street businesses to businesses trading on the NASDAQ exchange. Our attorneys partner with business owners, executives and human resource professionals to navigate the ever changing landscape of employment law and employment relations, including:
- Title VII of the Civil Rights Act (“Title VII”)
- Includes Race, Color, Sex, National Origin, Religion
- Pregnancy Discrimination Act (“PDA”)
- Americans with Disabilities Act (“ADA”)
- Family and Medical Leave Act (“FMLA”)
- Age Discrimination in Employment Act (“ADEA”)
- Uniformed Services Employment and Reemployment Rights Act (“USERRA”)
- Equal Pay Act of 1963 (“EPA”)
- Additional state anti-discrimination statutes such as the Pennsylvania Human Relations Act (“PHRA”) and the New Jersey Law Against Discrimination (“NJLAD”)
Advice to Employers
The key to eliminating the risk of employment discrimination claims by employees is to discuss and analyze impending disciplinary action beforehand, especially suspensions and terminations, to determine whether the disciplinary action is warranted, supported by sufficient documentation and is not born of any other circumstance (e.g., retaliation). High Swartz and its attorneys believe this part of the process of invaluable. High Swartz will be with you, the business owner, in working through disciplinary actions to reduce future risk.
In addition, High Swartz will assist you in preparing, revising and advising on human resource policies, employee handbooks, performance improvement plans, etc… Having an employee policy that permits the employer to impose the discipline on the employee is critical in reducing the risk of lawsuits.
Representation Before Administrative Agencies
Should an employee/former employee take the initial step of filing a claim/charge of discrimination with an administrative agency, High Swartz will provide you with knowledgeable and vigorous representation before the agency. Whether Equal Employment Opportunity Commission (“EEOC”), the Pennsylvania Human Relations Commission (“PHRC”), or another state or federal agency, High Swartz will be there to guide and advise you through the process, which typically includes the preparation of a factual position statement and the production of some information/documents.
Representation in Court
High Swartz attorneys are experienced litigators that will advocate for your business if a discrimination claim is brought in Federal or state court. Our job is to defend the claim so you can continue to operate your business. In addition, throughout the litigation process we will keep you advised of any risk in the case and the cost-benefit of resolving the matter short of a jury trial.