The U.S. Court of Appeals for the Second Circuit has joined the Seventh and Ninth Circuits in holding that an EEOC charge will not toll the statute of limitations on a state-law tort claim. This decision likely will lead to an increase in concurrent filings of state-law tort claims and Title VII federal administrative proceedings by employees, or the bypassing of the EEOC process altogether in jurisdictions having their own FEP statutes. Read this alert to learn more about the decision in ‎Castagna v. Luceno, No. 13-0796-cv, 2014 U.S. App. LEXIS 4241 (2d Cir. Mar. 5, 2014).

 

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Photo of Keisha-Ann Gray Keisha-Ann Gray

Keisha-Ann G. Gray is a distinguished litigator and trial lawyer who has secured significant victories in federal and state courts (jury trial and otherwise) for organizations facing “bet the company”, high-reaching, reputational risk claims. An award-winning partner in Proskauer’s renowned Labor & Employment…

Keisha-Ann G. Gray is a distinguished litigator and trial lawyer who has secured significant victories in federal and state courts (jury trial and otherwise) for organizations facing “bet the company”, high-reaching, reputational risk claims. An award-winning partner in Proskauer’s renowned Labor & Employment department and co-chair of the Firm’s Workplace Investigations practice group, she advises clients on high-stakes employment litigation and complex investigations matters. As important social change movements like Black Lives Matter, #MeToo and LGBTQ Pride continue to shape society and businesses, Keisha-Ann is the go-to advisor when addressing issues related to discrimination, harassment and/or lack of diversity.

With 20+ years in practice, Keisha-Ann frequently speaks and trains on employment matters such as litigation and trial practice, conducting effective investigations (the trauma-based approach), Diversity, Equity & Inclusion, and Anti-Discrimination/Anti-Harassment. Her “real talk” style of delivery provides clients with actionable and practical best practice solutions to today’s most challenging workplace issues.

Prior to joining Proskauer, Keisha-Ann served as an Assistant United States Attorney in the Eastern District of New York and federal law clerk in the U.S. District Court for the District of Puerto Rico.  The breadth of Keisha-Ann’s experience and background in federal government, coupled with her tenure in private practice as a Big Law partner and employment litigator, gives her the unique ability to meaningfully connect with diverse groups of people. This skill enables her to advocate effectively and successfully (in and out of the courtroom) for her clients. As a result, Keisha-Ann is also frequently called upon to conduct high-profile internal investigations. Because of her unique and varied skill set, clients routinely engage Keisha-Ann to handle their most sensitive matters which, due to her involvement, often successfully result in non-public, confidential resolutions – precisely the mandate required by her clients.

Keisha-Ann enjoys giving back to the community and profession by serving as a member of the Mayor’s Advisory Committee on the Judiciary. She also serves on the Board of the Attorney Grievance Committee for the NY Supreme Court Appellate Division, 1st Department, the Board of the Federal Bar Council, and the Board of the Eastern District Association. In addition, Keisha-Ann co-Chairs the Federal Bar Council’s Employment Litigation Committee, and mentors junior female attorneys and junior attorneys of color.

Photo of Kathleen McKenna Kathleen McKenna

Kathleen M. McKenna is a partner in the Labor & Employment Law Department. With a formidable track record for success in major employment matters, she has extensive experience litigating employment disputes of all types, including defending employers against claims alleging all forms of…

Kathleen M. McKenna is a partner in the Labor & Employment Law Department. With a formidable track record for success in major employment matters, she has extensive experience litigating employment disputes of all types, including defending employers against claims alleging all forms of discrimination, sexual harassment, retaliation, wrongful discharge, wage and hour and breach of contract as well as conducting high-profile investigations. Her clients include major multi-national businesses, such as television networks, pharmaceutical companies, international retailers and law firms.

Adept at counseling clients at every turn of the litigation process, Kathleen employs a creative mix of litigation experience and business acumen to determine which cases should be litigated in court, which should be resolved in some alternative forum and which can and should be settled. While she is regularly successful on her clients’ behalf through negotiation and dispositive motions, she possesses significant jury trial experience, and is well-versed in all forms of alternate dispute resolution.

Kathleen is regularly called upon to support clients with strategies, counseling and training to help them avoid litigation and government investigations, and provides practical advice on all workplace-related issues to today’s top employers. These topics include employee discharge and discipline, reductions in force, employment policies and procedures, and compliance with federal, state and local employment laws.

Kathleen also has significant experience dealing with traditional labor matters. She has litigated the full range of labor proceedings and has served as the chief spokesperson or advisor in numerous collective bargaining negotiations. She also has advised management on National Labor Relations Act issues, including union organizing campaigns and representation elections, strikes, picketing, plant closings and work transfers, and purchase and acquisition issues.

Kathleen is a member of the College of Labor & Employment Lawyers. She is also a sought after lecturer on labor and employment issues.

Photo of Nigel F. Telman Nigel F. Telman

Nigel F. Telman is the Managing Partner of the Firm’s Chicago office, leads the Employment practice in the Chicago office, and is co-head of the Labor Department’s national Employment Litigation & Arbitration Practice Group.

Nigel serves as a high-level strategic advisor to his…

Nigel F. Telman is the Managing Partner of the Firm’s Chicago office, leads the Employment practice in the Chicago office, and is co-head of the Labor Department’s national Employment Litigation & Arbitration Practice Group.

Nigel serves as a high-level strategic advisor to his clients on “bet the company” employment-related claims that often involve significant reputational risk. The nation’s leading organizations turn to Nigel to handle their most sensitive and challenging matters which, due to his involvement, often successfully result in non-public and confidential resolutions. When matters are unable to be settled, Nigel works with clients to strategically design a litigation strategy that advantageously positions them for successful dispositive motions, trial and the possibility of post-trial appeals.

A strategic advisor to boards and C-suite executives on the full spectrum of the employer/employee relationship, Nigel’s nationwide practice is concentrated in litigating single and class action disputes arising out of claims of workplace harassment and employment discrimination, and in handling confidential workplace investigations. In addition, Nigel has significant experience defending and enforcing Restrictive Covenant Agreements, as well as protecting employers’ trade secrets and other confidential information from misappropriation by former employees through the institution of emergency litigation seeking temporary and permanent injunctive relief. Nigel utilizes his experience litigating employment-related disputes to counsel clients on effective ways to avoid litigation. His counseling practice focuses on training and advising clients on ways to improve all aspects of the employment relationship, including techniques on how to make effective hiring decisions; reviewing and revising employment policies, practices and procedures; and advising on employee disciplinary matters, reductions in force and termination decisions.

Providing the highest level of strategic advice and execution across all phases of the employee lifecycle from hire to exit, Nigel represents clients in a range of industries before state and federal courts throughout the country as well as before the U.S. Equal Employment Opportunity Commission, state and local administrative agencies, and the American Arbitration Association.

Nigel is ranked by Chambers USA in Illinois for Labor & Employment and his clients praise him as being “business-savvy and delivering stellar results. He is an extremely effective negotiator and has the highest degree of integrity in all of his dealings.”

Photo of Steven Hurd Steven Hurd

Steve has extensive trial and appellate experience, in both federal and state courts focusing on claims of alleged individual and class discrimination, sexual harassment, wage and hour violations, FINRA, whistleblowing and retaliation, defamation, fraud, breach of contract, wrongful discharge and other statutory and…

Steve has extensive trial and appellate experience, in both federal and state courts focusing on claims of alleged individual and class discrimination, sexual harassment, wage and hour violations, FINRA, whistleblowing and retaliation, defamation, fraud, breach of contract, wrongful discharge and other statutory and common law claims. Steve also advises clients on employment litigation avoidance, litigation strategy and alternative forms of dispute resolution. Steve also handles matters involving drafting, enforcing, and defending restrictive covenants, and protecting trade secrets.

Steve is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration Practice Group and Media & Entertainment Industry Group, and is a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group.

Steve helps his clients stay in compliance with the ever-changing employment regulations with respect to FLSA and state law wage and hour requirements by providing advice and conducting comprehensive audits. Steve conducts investigations pertaining to reductions-in-force and individual employee terminations, and claims of gender, race, national origin, and disability discrimination.