Employment, Discrimination and Sexual Misconduct

Kaplan Hecker & Fink lawyers have deep experience advising and representing organizations and individuals in sensitive employment and discrimination matters, including pending or potential litigation, and the development and implementation of policies that ensure fair and unbiased workplaces.

KHF’s practice stands apart, because we are at the forefront of pushing forward the national conversation on creating equitable, inclusive and safe workplaces. At KHF, we advise and counsel institutions and companies that are committed to building progressive workplaces free of discrimination, harassment, and inequality. We know that ensuring equality is not only a legal requirement; it is also good business. When employees don’t feel safe speaking up, organizations are deprived of valuable ideas. Further, our lawyers understand that workplace disputes can not only disrupt productivity but also do serious damage a company’s reputation. We advise organizations on how best to provide a safe and inclusive working environment for their employees so that all voices are heard and valued.

Our attorneys are also experienced investigators, advising clients on their most sensitive, high-profile investigations, from matters on the front pages of The New York Times, to those that remain confidential. When disparities between the NCAA Division I Men’s and Women’s Basketball Championships exploded on social media in March 2021, the NCAA turned to KHF to conduct an independent gender equity review of the NCAA’s championships, in all 24 sports, across three separate divisions. Over the course of the investigation, our lawyers spoke with over 600 NCAA staff, committee members, and external stakeholders, including commissioners, coaches, and student-athletes. In just a few months, our attorneys delivered two thorough public reports, describing in detail various gender disparities and setting forth a number of concrete recommendations for improving gender equity in connection with the NCAA championships. The NCAA has implemented several of KHF’s recommendations.

KHF also plays a critical role in advocating for those who have experienced sexual misconduct in the workplace. In exceptional cases, KHF will represent individuals who are victims of sexual assault or severe and persistent discrimination to ensure that their rights are fully protected.

Our lawyers have received widespread praise for their success in handling employment matters. Lawdragon named Partners Roberta Kaplan, Julie Fink, and Gabrielle Tenzer to its 2024 "500 Leading Corporate Employment Lawyers" list, and in 2023, The Legal 500 recognized KHF among the top firms in the nation for work relating to gender-based misconduct, employment, student misconduct, and athletics-related Title IX matters.

Select Representative Employment Litigation Matters

• Advising a public university on Title VII and Title IX issues.
• Represented Handy Technologies LLC in connection with litigation related to the Fair Labor Standards Act. A First Circuit panel ruled that the district court had properly dismissed the putative class action against Handy and compelled arbitration of claims.
• Represented a video game development company in connection with a putative class action lawsuit by former and current female employees relating to claims of employment discrimination and wage disparity issues.
• Advising a large media company on employment policy compliance with Title VII.
• Advising large corporations and institutions on improvement and implementation of workplace policies and procedures.
• Conducting multiple internal investigations for a large non-profit organization concerning complaints of sexual harassment and harassment on the basis of race.

Select Representative Employment Investigations

• Investigated allegations of gender-based misconduct by a faculty member at a prestigious research institution.
• Conducted multiple internal investigations for a large non-profit organization concerning complaints of sexual harassment and harassment on the basis of race.
• Represented several former National Women’s Soccer League players that spoke out about ongoing league-wide sexual harassment and abuse. KHF also represented players in connection with multiple ongoing investigations and worked closely with the Players’ Association to draft sexual harassment policies and ensure that they were implemented.
• Investigated allegations of gender-discrimination in a job search conducted by a top-tier university.
• Investigated allegations of age discrimination made by an attorney at a top-tier global law firm.