Labor & Employment Litigation

Goldberg Kohn's litigation experience encompasses individual claims involving discrimination, harassment, retaliation, state law tort claims, ADA and FMLA actions. The firm's attorneys are familiar with, adept at, and have taken a lead in developing programs aimed at meeting the budgeting and reporting requirements desired by clients and often imposed by insurers in such relationships.

The firm's employment lawyers have extensive experience litigating employment cases in federal and state courts around the country. While each case is different, they always bring probing analysis and practical judgment. Goldberg Kohn finds a way to win or to get the case settled for much less than expected. The firm's aggressive development of the facts through depositions and witness interviews frequently leads to a favorable outcome. Equally instrumental is the thorough knowledge of employment law and excellent writing skills, which often result in summary judgments for Goldberg Kohn's clients. The firm also helps clients with early case evaluation and, when appropriate, pursue alternative dispute resolution mechanisms, such as mediation. When Goldberg Kohn attorneys have gone to trial, they have won. From mounting a vigorous trial defense to tactfully coaxing an unlikely settlement, the firm has the range and depth of talent to make its clients winners.

Goldberg Kohn attorneys are also called upon regularly to investigate and respond to administrative charges of discrimination. In addition to charges of discrimination, Goldberg Kohn attorneys have on numerous occasions assisted clients through OFCCP, DOL and other administrative audits and investigations.

Representative Matters

Single Plaintiff Employment Discrimination

• Claims of a former employee alleging race discrimination in violation of Title VII and defamation in the District of New Jersey. Summary judgment was granted in favor of the firm's client.
• Claims of a former employee alleging racial discrimination and retaliation in violation of Title VII pending in the Northern District of Illinois. This case was voluntarily dismissed after the weakness of the claims was demonstrated at a court-ordered mediation.
• Claims of a former employee alleging age discrimination in violation of the ADEA arising from the termination of his employment pending in the Northern District of Illinois. Plaintiff voluntarily dismissed his claim after discovery.
• Claims of a former employee alleging reverse gender discrimination in violation of Title VII pending in the Northern District of Illinois. After defending 9 depositions and taking the plaintiff's deposition, the plaintiff agreed to voluntarily dismiss the case with prejudice.
• Claims of a former employee alleging reverse gender discrimination, retaliation, harassment, and violation of the California Fair Employment and Housing Act, pending in Superior Court of California, San Mateo Co. After bringing summary judgment, the case successfully resolved at mediation.
• Claims of a former employee alleging race discrimination and violation of Title VII and Section 1981, and Oklahoma public policy, pending in the Western District of Oklahoma. Case successfully resolved at mediation after full briefing on summary judgment.
• Claims of a former employee alleging race and national origin in violation of Title VII, and age discrimination in violation of the ADEA, retaliation, and violation of the FMLA pending in the Northern District of Illinois. The case was successfully resolved.
• Claims of a former employee alleging age discrimination, retaliation, reverse gender discrimination, retaliation in violation of the ADEA and Title VII pending in the Northern District of Illinois. The case was successfully resolved.
• Claims of a former employee alleging that he was terminated as a result of his age in violation of the ADEA pending in the Northern District of Illinois. The case was successfully resolved.
• Claims of a former employee alleging violations of the ADA, the ADEA and retaliation pending in the Northern District of Illinois. Summary judgment has been fully briefed.
• Claims of a former employee alleging violations of the ADA and the Michigan Persons with Disabilities Civil Rights Act pending in the Western District of Michigan. Summary judgment has been fully briefed.
• Claims of a former employee who alleged: 13 separate counts including, age, sex and disability discrimination, breach of contract, IIED, wrongful discharge, fraud, invasion of privacy, whistleblower claims and retaliation claims, pending in the Northern District of Indiana. Goldberg Kohn successfully moved to dismiss six of the counts. Discovery is ongoing.
• Claims of a former employee alleging national origin discrimination in violation of Title VII and age discrimination in violation of the ADEA, pending in the Northern District of Illinois. Discovery is ongoing.
• Claims of a former employee alleging violation of the ADEA, the Utah Anti-Discrimination statute, wrongful discharge in violation of public policy, intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract and defamation, pending in the District of Utah. Discovery is ongoing.
• Claims of a former employee alleging sexual harassment and retaliation in violation of Title VII, pending in the Northern District of Texas. Discovery is ongoing.
• Claims of a former employee alleging race discrimination in violation of Title VII and the Elliott-Larsen Civil Rights Act, pending in the Eastern District of Michigan. Discovery is ongoing.
• Claims of a former employee alleging race, national origin discrimination and retaliation in violation of Title VII and § 1981, pending in the Northern District of Illinois. Discovery is ongoing.
• Claims of a former employee alleging sexual harassment, gender discrimination and retaliation in violation of Title VII. Discovery is ongoing. Pending in the Northern District of Illinois.

EEOC/Local/State Agency

• Defended an international airline company in a sexual orientation harassment and discrimination trial before the Chicago Commission on Human Relations. The firm defended the company in a three-day trial involving testimony from 10 witnesses and over 100 exhibits. The parties are awaiting the Hearing Officer's recommended decision with the close of post-hearing briefing, so the matter is ongoing.
• Represented a public company, national bank in a case brought before the Illinois Human Rights Commission (Commission) by a former employee raising various retaliation claims under the Illinois Human Rights Act (IHRA) stemming from her employment termination. The plaintiff sought a total award in excess of $500,000. In proceedings before the Commission (where discovery is significantly curtailed), Goldberg Kohn elicited testimony during a week-long trial that provided a basis for dismissal of the entire case with prejudice on the ground of lack of jurisdiction. The post-trial motion raised a legal issue of first impression under the IHRA on which the trial judge issued an opinion dismissing the case. No appeal or further proceedings were pursued by the plaintiff. This case established for the first time in Illinois that the IHRA should be interpreted to incorporate traditional agency principles and that notice of an adverse action by the employer to an agent was imputed to the plaintiff as principal. The action has been dismissed with a no-cause finding in the client's favor.
• Lead counsel to a public company, national bank in an OFCCP action challenging recruiting and hiring practices and potentially seeking relief for a large class of minorities who were not hired. After rebutting the agency's initial finding of discrimination, the action was dismissed in its entirety with a finding of no violation. The action has been dismissed.
• Counseled a large financial services firm that purchased another company which was subject to an EEOC consent judgment. Goldberg Kohn negotiated with the EEOC in connection with the purchase and advised the client with respect to ongoing compliance with the consent judgment.
• Represented a large local company that, in connection with a reduction in force, experienced eight contemporaneous charges of race and age discrimination before the EEOC, with a substantial risk of an action. By negotiations with the plaintiffs and splitting the cases up through different procedural channels, six of the charges were mediated or settled for de minimus amounts. The two other cases were subsequently dismissed.

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