Employment Litigation

Overview

Steptoe & Johnson’s employment litigation team represents employers in routine, complex, and high-stakes disputes across state and federal courts, arbitration proceedings, and administrative agencies. Our attorneys have extensive experience litigating matters in key jurisdictions nationwide and across the industries in which our clients operate.

We work closely with employers to understand their business objectives and develop litigation strategies that are practical, efficient, and aligned with organizational goals. Our team works with clients early to assess risk, respond strategically to disputes, and, where possible, prevent disputes from escalating.

Our attorneys are experienced trial lawyers who are fully prepared to take cases through verdict. At the same time, we are seasoned negotiators who use alternative dispute resolution when it supports our clients’ goals. We are focused on controlling costs, minimizing operational disruption, and protecting clients’ reputations throughout litigation.

The team handles a broad range of employment-related claims, including:

Harassment claims
Discrimination claims
Whistleblower and retaliation claims
Interference and wrongful discharge claims
Wage and hour disputes
Class or collective actions
Employee Retirement Income Security Act (ERISA) and employee benefits claims
Executive compensation disputes

Defended employers in actions before state and federal administrative agencies, including the Pennsylvania Human Relations Commission, the West Virginia Human Rights Commission, the Kentucky Commission on Human Rights, the Kentucky Education and Labor Cabinet, the Texas Workforce Commission, the Texas Workforce Commission Civil Rights Division, the Oklahoma Employment Security Commission, the U.S. Equal Employment Opportunity Commission, and the U.S. Department of Labor
Represented a higher education institution in claims before the Ohio Civil Rights Commission involving alleged racial and gender discrimination
Defended cases before the Ohio Unemployment Compensation Review Commission and the Industrial Commission of Ohio
Obtained summary judgment for employers in employment cases brought under the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Pennsylvania Human Relations Act
Defended public employers in actions before the West Virginia Public Employees Grievance Board
Defended employers in wage and hour cases alleging misclassification of employees and independent contractors
Defended employers at trial in cases involving age, race, and disability discrimination; sexual harassment and retaliation; and claims under the Worker Adjustment and Retraining Notification (WARN) Act and Fair Labor Standards Act (FLSA)
Successfully defended Louisville Metro Government in arbitration following a union grievance involving the use of medical marijuana by members of the Louisville Fire Department
Defended Louisville Metro Government in employment matters involving the Louisville Metro Police Department
Obtained summary judgment in favor of an employer in a suit brought by a former employee alleging national origin discrimination, retaliation, hostile work environment, Sabine Pilot claims, and violations of the Family and Medical Leave Act (FMLA)
Defended a service company against claims under the FMLA and ADA in the U.S. District Court for the Eastern District of Kentucky
Obtained affirmation of summary judgment from the Fifth Circuit in favor of a national employer in a suit brought by a former administrative employee alleging claims of retaliation under the False Claims Act
Defended an employer in an ADEA jury trial resulting in a verdict for the employer
Obtained a defense verdict for a Kentucky nursing home in a wrongful discharge case involving a former employee’s report of abuse and neglect of a resident
Obtained summary judgment in favor of a national clothing retailer in a suit brought by a former employee alleging race discrimination and retaliation under Title VII
Obtained a jury verdict in favor of an employer in a suit brought by two former employees alleging sex discrimination, harassment, and retaliation
Obtained judgment from the Fifth Circuit in favor of an employer in a suit brought by a former warden alleging claims of age, sex, and race discrimination, as well as retaliation and hostile work environment
Obtained summary judgment in favor of a national education center in a suit brought by a former employee alleging age discrimination, retaliation, and hostile work environment
Obtained an arbitration award for a health care entity in a suit brought by a former employee alleging race and age discrimination
Represented employers in whistleblower, corporate compliance, and internal investigation matters
Obtained a multimillion-dollar arbitration award in a breach of contract matter
Obtained summary judgment in the Southern District of Texas in favor of a national call center in a suit brought by a former employee alleging failure to accommodate, disability discrimination, and retaliation
Obtained summary judgment in the Western District of Texas in favor of a national manufacturing employer in a suit brought by a former employee alleging disability discrimination
Obtained summary judgment in the Southern District of Texas in favor of a national institute of higher education in a suit brought by a former employee alleging age discrimination under the Texas Labor Code
Successfully defended an employer in a reverse race discrimination trial in a rural West Virginia county
Obtained dismissal of a public education agency from a case alleging claims of wrongful termination, defamation, and alleged violations of the state constitution upon interlocutory appeal to the Supreme Court of Appeals of West Virginia
Secured a “no probable cause” finding in a West Virginia college discrimination case alleging sex discrimination, hostile work environment, and retaliation
Defended mine operators in fatality and injury investigations by the Mine Safety Health Administration (MSHA), the Kentucky Office of Mine Safety & Licensing, and the West Virginia Office of Miners Health, Safety & Training
Obtained a jury verdict in the Western District of Texas in favor of an employer in a suit brought by a former employee alleging race discrimination and retaliation

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Employment Litigation

Overview

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