EMPLOYMENT RELATED LITIGATION

People often comment that we live in a “politically correct” or “PC” world. Whether this is actually the case is certainly something that can be made the subject of much debate. What cannot be debated, however, is that with the existence of Title VII and the rights guaranteed employees under Federal, New York State and local statutes, the work place is a fertile ground for potential employment litigation. In addition to claims emanating from alleged violation of statutory protections against discrimination based upon gender, age, race, religion or national origin, sexual harassment, and violations of ERISA, FMLA, and FLSA, employers may also be subject to claims for invasion of privacy, defamation of character, and liability for workplace violence.

Nicoletti Hornig & Sweeney counsels employers on their guidelines, practices and procedures for avoiding discrimination and harassment claims. Additionally, the firm represents employers in proceedings before the Equal Employment Opportunity Commission and State Division of Human Rights. In matters that continue past administrative proceedings into State or Federal court, the firm handles all aspects of the representation of employers through trial.

In all cases where employment practices claims are brought, while pursuing an aggressive strategy to fully investigate and formulate a defense against claims that have been made, the firm remains sensitive to the fact that individuals are involved, and continuing relationships may endure after litigation has concluded. The firm works, wherever possible, to bring claims to swift, amicable resolution. If such resolution proves impossible, the firm mounts a well-informed, aggressive defense in the courts.

The firm's attorneys have represented a variety of employers (including municipalities) in gender, race, age, and national origin discrimination claims and sexual harassment claims arising both from claims of specific harassment by particular individuals and from claims arising from allegations of hostile work environment sexual harassment, and ERISA claims. The firm also represents domestic and international insurers with respect to coverage analysis of issues arising out of alleged violations of Federal, State and laws governing employment practices.