Practice Areas

Administrative Law
Antitrust
Appellate
Class Action
Commercial Litigation
Constitution — First Amendment
Constitution — Second Amendment
Constitution — Fifth Amendment
Constitution — Civil Rights
Constitution — Commerce Clause
Constitution — Separation of Powers
Constitution — Voting Rights
Election Law
Employment Litigation
Government Contracts
Healthcare Litigation
Intellectual Property
Qui Tam
Real Estate Litigation
State Representation
Telecommunication Litigation
Trial Practice
U.S. Supreme Court
U.S. Court of Appeals
Employment Litigation

Employment Litigation

Cooper & Kirk’s attorneys have extensive experience representing clients, both employees and employers, in employment disputes. Mr. Cooper’s experience in this field dates back to his tenure at the Department of Justice, where he was the Principal Deputy Assistant Attorney General for the Civil Rights Division and oversaw many aspects of the federal government’s enforcement of laws relating to employment discrimination. In private practice, Mr. Cooper and other attorneys at Cooper & Kirk have continued to litigate employment discrimination claims, and we have also advised clients regarding their formulation of employment policies and procedures to comply with applicable laws and to minimize the risk of employment discrimination litigation.

Cooper & Kirk also has experience litigating claims under other laws relevant to the employer-employee relationship. Our work in this area has included litigation of whistle-blower and retaliation claims brought under the federal False Claims Act and state law, as well as litigation brought pursuant to state laws governing employment compensation and benefits.

Issue
Virginia Commonwealth University - Gender Discrimination
Level of Court
US Court of Appeals - Fourth Circuit

Overview On appeal before the en banc Fourth Circuit, we represented five male professors who charged Virginia Commonwealth University with engaging in impermissible gender discrimination in its salary structure. The court of appeals reversed the district court’s grant of summary judgment in favor of the defendant university.

Issue
Defense of Alleged Gender & Pregnancy Discrimination
Level of Court
US District Court - South District of Maryland

Overview We represented GSE Exposition Services (previously VIAD Corporation) in a case alleging gender and pregnancy discrimination. The district court dismissed most of the claims on summary judgment, and the case settled shortly thereafter.

Issue
Fair Labor Standards Act
Level of Court
United States Supreme Court

Overview We filed an amicus curiae brief on behalf of the State and Local Legal Center (representing the National Association of Counties, the U.S. Conference of Mayors, the National League of Cities, the National Governors’ Association, and related organizations) arguing that the overtime compensation provisions of the Fair Labor Standards Act should not be interpreted to require state and local governments to enter into collective bargaining with public employees where state law does not permit such an arrangement. Our brief was cited by the Court.

Issue
Reaffiliation of a Local Union
Level of Court
US Court of Appeals - Second Circuit

Overview We represented the International Association of Sheet Metal Workers in connection with its efforts to reaffiliate with a local union. The court of appeals held that the district court had no authority to prevent the reaffiliation in the absence of any evidence of a racially-discriminatory motive.