Gibson, Dunn & Crutcher lawyers have significant experience defending employers in pivotal discrimination cases brought under the myriad of federal and state employment discrimination laws.  The Firm is among the best in representing employers in class action lawsuits arising under those laws.  In addition, we routinely represent clients before the Equal Employment Opportunity Commission ("EEOC"), the Office of Federal Contract Compliance Programs ("OFCCP"), state commissions governing equal employment, and other administrative agencies with jurisdiction over various employment matters.  In California alone, we handle dozens of discrimination and wrongful termination suits in federal and state court every year.

Litigation

Representative discrimination cases and class actions include:

• Arguing the case in which the U.S. Supreme Court held that courts must consider the effect of mitigating measures, such as medication, in determining whether an individual is "disabled" under the Americans with Disabilities Act.  Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999);
• Representing the employer in a "same-sex" sexual harassment suit in which the District of Columbia Court of Appeals vacated a $4.8 million punitive damage award. In its December 2003 decision, the court ruled that the verdict was unconstitutional and remanded the case to the trial court for a "sizable downward redetermination" in light of the Supreme Court's decisions governing excessive punitive damage awards. State Farm v. Campbell. Daka, Inc. v. McCrae, Nos. 00-CV-1270 & 01-CV-227;
• Obtaining review by the Michigan Supreme Court of the largest single-plaintiff sexual harassment verdict--over $30 million with interest--ever affirmed in the United States.  In July 2004, the Michigan Supreme Court overturned the verdict.  Gilbert v. DaimlerChrysler Corp. (Mich.) (No. 122457);
• Handling a nationwide disability discrimination case by the EEOC with hundreds of claimants raising numerous issues under the Americans with Disabilities Act and the California Fair Employment and Housing Act.  Equal Employment Opportunity Commission v. United Parcel Service, Inc., 306 F.3d 794 (9th Cir. 2002);
• Defending a highly-publicized age discrimination class action lawsuit brought by hundreds of television writers over age 40, all members of the Writers' Guild of America, against dozens of television industry studios and talent agencies.  Edwards v. International Creative Management, Inc., CV 99-11175 CBM, (Los Angeles Superior Court 2003).

Counseling

Gibson Dunn attorneys actively counsel clients on ways to avoid litigation and resolve workplace issues before litigation commences.  We regularly advise clients on compliance strategies and frequently assist clients with the development of comprehensive equal employment opportunity policies.  We have extensive experience with the nondiscrimination and affirmative action obligations enforced by the OFCCP.  We help corporations develop and implement affirmative action plans, and have represented them in compliance audits by OFCCP and in negotiating conciliation agreements.  Representative matters include successfully negotiating a settlement with the Solicitor's Office and the OFCCP in a complex and hotly-contested case involving pay equity and testing issues.

Publications

Our lawyers have written many articles addressing the issues employers face under the employment discrimination laws, including:

• William J. Kilberg, co-author, OFCCP Regulations Require Federal Contractors to Track Data on Internet Applicants, Gibson, Dunn & Crutcher Update (December 12, 2005).
• William J. Kilberg, The ADA Trilogy of 1999: A Simple Truth, Employee Relations Law Journal (Winter 1999).
• Eugene Scalia, The Developing Law of Employer Liability for Sexual Harassment, American Employment Law Council (1999).
• Eugene Scalia, The Strange Career of Quid Pro Quo Sexual Harassment, 21 Harv. J.L. & Pub. Pol'y 1433 (1998), cited with approval in Burlington Industr., Inc. v. Ellerth, 524 U.S. 742 (1998).