Systemic Employment Litigation

Bet-the-company class action and systemic employment litigation can erupt from a single employee dispute, charge, or internal complaint. Our lawyers proactively identify risk factors and strategies to help employers avoid multiplaintiff, class, collective, and US Equal Employment Opportunity Commission (EEOC) actions. When a lawsuit is filed, we can mobilize a team of litigators with experience analyzing data, managing discovery, handling experts, opposing class certification, filing complex dispositive motions, developing creative approaches to settlement, and, when necessary, trying cases.

Our approach is dictated by our clients’ business objectives, whether it be aggressively defending a matter to conclusion or negotiating an early resolution and avoiding protracted litigation. Deep knowledge of the theories and expert issues advanced in systemic litigation helps shape our litigation strategy. We maintain professional relationships with officials at the highest levels within the EEOC, US Department of Labor (DOL), and Office of Federal Contract Compliance Programs (OFCCP). This rapport proves invaluable in high-stakes matters.

Morgan Lewis lawyers frequently litigate against prominent plaintiff-side employment class action lawyers, and we develop professional relationships with them that foster efficient solutions for our clients. Our systemic employment litigation team works with labor economists, statisticians, human resources experts, psychologists, psychiatrists, and other experts to support the defense of systemic matters, and we are familiar with the expert witnesses who plaintiffs often use in class action employment litigation.

Class, Collective & EEOC Actions

In managing and defending multiplaintiff, class and collective action, and EEOC litigation, we work closely with each client to craft a litigation plan consistent with the company’s business objectives and desired outcome. We counsel on:

Case assessment and development
Initial investigation and document collection
Application of technology to efficient and effective document management
Selection of expert witnesses
Management of the discovery process
Public relations and crisis management
Trial and appeal

Litigation Avoidance

Clients are best served by avoiding class action litigation altogether. We offer services to help employers craft litigation avoidance strategies that fit their business needs. These services can include:

Reviewing human resources data
Analyzing pay equity
Analyzing promotion and termination information
Analyzing training and evaluation systems
Training employees on antiharassment and diversity
Conducting workforce statistical analyses
Advising on diversity best practices

Diversity & Inclusion Consulting

We help employers navigate the risks associated with attracting, retaining, and building a diverse workforce. Our experience includes all of the critical aspects of diversity program development and implementation—from discussing diversity in meetings with CEOs, general counsel, and boards of directors to developing effective communication and implementation strategies that reduce potential litigation exposure and accomplish realistic goals.

Our judgment is informed by our experience litigating discrimination and reverse discrimination actions, as well as actions in which diversity programs are challenged.

Our capabilities include:

Data collection and analysis
Review of existing company policies, procedures, and practices, including succession planning systems and documentation, to determine areas of risk
Diversity program development and implementation
Workplace training
Reporting
Program measurements
Reduction of potential litigation exposure