EEOC/PHRC Mediations, Investigations or Litigation

Representing Employers for EEOC & PHRC Complaints, Charges, and Investigations

SWB has extensive experience in representing employers in response to complaints or charges filed with the federal Equal Employment Opportunity Commission (“EEOC”) and/or the Pennsylvania Human Relations Commission (“PHRC”).

In many cases, the PHRC or EEOC will offer the employer the opportunity to participate in mediation.  Mediation can be a cost effective way to resolve a complaint or charge prior to the PHRC or EEOC conducting any investigation.

SWB represents employers in mediation, including reviewing the facts of the complaint or charge, analyzing the risks and value of the complaint or charge, attending the mediation with the employer, advising the employer on settlement of the complaint or charge and drafting an appropriate settlement agreement in the event of a successful mediation.  If mediation is unsuccessful, or if the agency does not offer mediation to the parties, SWB can also represent the employer in an investigation by the PHRC or EEOC, which includes conducting our own investigation, interviewing relevant parties and reviewing documents and records, responding to information requests from the PHRC or EEOC, drafting an answer to the PHRC complaint or position statement in response to a charge filed with the EEOC, and representing the employer in any PHRC hearing or EEOC interview or investigation of the employer or its management team.

We have also been successful in negotiating on behalf of the employer’s compliance resolutions short of official agency findings and compliance requirements.  However, if the agency does issue findings and require compliance measures, SWB can assist the employer in conducting trainings or implementing other corrective measures.  Our attorneys have professional working relationships with many of the PHRC and EEOC mediators and investigators that help us achieve favorable outcomes for our clients.

Defending Employers in Federal & State Employment Litigation

SWB routinely defends employers in federal and state litigation in Pennsylvania and New Jersey brought by the PHRC, EEOC or by an individual plaintiff or as a class action under any of the federal or state anti-discrimination or anti-harassment laws.  We have been very successful in achieving dismissals and summary judgments on behalf of our clients.  We are also experienced litigators that are able to defend an employer all the way through trial.

Because of our extensive experience in this area, SWB is routinely appointed as defense counsel by insurance companies or requested by insureds as defense counsel pursuant to employment practices liability insurance policies. SWB has served as special counsel monitoring defense counsel in class action litigation brought under federal or state anti-discrimination or anti-harassment laws.