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systemic discrimination

Systemic discrimination claims are on the rise.  The EEOC has made investigating and litigating issues involving employers’ policies and practices that allegedly have a disparate impact on women, minorities, the disabled, and other protected employees a priority.  Results in recent gender discrimination cases have been dramatic, including, in California, certification of the largest employment class action in history.  The OFCCP is continuing to explore potential systemic discrimination issues among government contractors, and prominent plaintiffs’ lawyers are also seeking to take part in this wave of systemic discrimination litigation.

Jackson Lewis attorneys have the necessary expertise to help clients avoid systemic discrimination allegations and to pursue effective defense strategies when such claims are made.  The firm has extensive experience representing employers in class actions and other large-scale discrimination cases, both at administrative agencies and in court, and understands the particular sensitivity these types of claims can have within a company.  The firm is well-suited to defend clients against systemic discrimination claims because of its national Class Actions and Complex Litigation Group, its experienced and diverse trial lawyers with expertise in discrimination matters, and its sophisticated Affirmative Action and OFCCP Diversity Planning Group, which includes not only lawyers but also professional statisticians.

Gender Discrimination: Jackson Lewis attorneys have defended clients in many significant gender discrimination cases alleging unequal treatment of women in compensation, promotion, hiring, and termination, including cases involving “glass-ceiling” allegations, Equal Pay Act claims, sexual harassment claims, and other related cases brought under state and federal law.  Our diverse team of seasoned trial lawyers across the country is prepared to bring creative strategies to these issues and to try cases in which an earlier resolution cannot otherwise be achieved.

Race Discrimination: We have appeared before the EEOC on matters arising from its E-RACE initiative, including matters ranging from the use of credit and background checks in hiring decisions, to racial stereotyping and other issues involving facially neutral policies that may have an adverse effect on racial minorities.  We have also defended companies in state and federal court on claims of race, color, and national origin discrimination, and our nationally known Corporate Diversity Counseling Group provides comprehensive and innovative approaches to diversity-related issues.

Disability Discrimination: Jackson Lewis’ Disability, Leave and Health Management Group has long been at the cutting edge of disability law  issues, including ADA, FMLA and leave management cases arising under state and federal law.  We use this expertise to assist clients who face claims that their employment policies or practices have a discriminatory impact on employees who take leave or are disabled, and we offer proactive advice on best practices and effective litigation strategies.