On April 17, 2024, the United States Supreme Court ruled on the standard under which a plaintiff can proceed with a claim for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964 (“Title VII”), holding that a plaintiff need only show that the transfer brought about “some” harm with respect
Rachel Fischer
Rachel S. Fischer is a senior counsel in the Labor & Employment Law Department.
Rachel represents employers in all types of employment-related disputes, including defending clients against claims of discrimination, harassment, retaliation, wrongful discharge, whistleblowing, breach of contract, and in wage and hour matters. She represents employers in federal and state courts, arbitration tribunals, and before administrative agencies, and has litigated both single plaintiff and class action lawsuits. As an experienced trial lawyer, Rachel has successfully litigated numerous cases from complaint through jury verdict or arbitral award.
Rachel represents employers across a wide variety of industries, including banking and finance, law firms, media and entertainment, sports, and higher education.
Rachel also counsels clients on a broad range of employment law matters, including investigations, employee terminations and discipline, and employment policies and procedures.
Supreme Court Overturns Affirmative Action Precedent in Higher Education
On June 29, 2023, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 (June 29, 2023), that the race-conscious admissions programs at one public and one private institution covered by Title VI of the Civil Rights Act violated the Equal Protection Clause…
4th Circuit Holds Law Firm Partner Is Not an Employee Protected Under Title VII
On January 19, 2021, the U.S. Court of Appeals for the Fourth Circuit issued a noteworthy decision in Lemon v. Myers Bigel, P.A., No. 19-1380, 2021 WL 161978 (4th Cir. 2021), affirming a decision by the Eastern District of North Carolina holding that a law firm equity partner was not an “employee,” and was…
Addressing and Preventing Workplace Violence
The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have questions about what they can do to help prevent workplace violence.
The Occupational Safety and Health Act (OSHA) requires employers to maintain…
New York Law Providing Unpaid Leave For Emergency Responders Takes Effect
New York recently passed a new leave law mandating unpaid leave for emergency responders. The law took effect December 22, 2014. Under the law, employers must provide unpaid leave to employees who serve as volunteer firefighters or volunteer ambulance personnel when the governor declares a state of emergency, unless the employee’s absence would impose and…
New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered “Disabled” Under State Human Rights Law
On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not take effect until 18 months after it is signed into law, giving employers time to consider the…