Discrimination
Labor and Employment | ClaimsWe defend employers against discrimination claims based on race, sex, age, disability, religion, and other protected characteristics, and advise on compliance with anti-discrimination laws.
Overview
Defending Against Discrimination Claims
Discrimination claims present significant legal, financial, and reputational risks for employers. MC Law's Discrimination practice defends employers against claims arising under Title VII, the ADA, ADEA, and state and local anti-discrimination laws.
Claims Defense
We defend employers against discrimination claims at all stages, from EEOC charges through trial and appeal. We develop case strategies that identify weaknesses in plaintiff claims while presenting legitimate, non-discriminatory reasons for employment decisions.
Class and Systemic Claims Pattern and practice and class discrimination claims threaten enterprise-wide exposure. We defend systemic discrimination allegations, challenge class certification, and develop defense strategies for claims affecting multiple employees or facilities. Disability Discrimination ADA compliance requires navigating interactive accommodation processes. We advise on reasonable accommodation obligations, engage in interactive processes, and defend claims alleging failure to accommodate or disability-based discrimination. Age Discrimination ADEA claims present unique issues including disparate impact and statistical evidence. We defend age discrimination claims and advise on lawful practices regarding older workers, reductions in force, and retirement. Preventive Measures Prevention is better than defense. We train managers and employees on anti-discrimination obligations, review employment practices for disparate impact, and help clients build diverse, inclusive workplaces. Administrative Proceedings Many discrimination claims start with administrative charges. We respond to EEOC and state agency charges, participate in investigations, and resolve matters before litigation when appropriate.Our Services
labor_and_employment
Federal registration and validity opinions
harassment
Federal registration and validity opinions
retaliation
Federal registration and validity opinions
employment_litigation
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Title VII prohibits discrimination based on race, color, religion, sex, and national origin. The ADA covers disability, ADEA covers age, GINA covers genetic information, and the Pregnancy Discrimination Act covers pregnancy. State and local laws often provide broader protections.
Disparate treatment involves intentional discrimination against individuals based on protected characteristics. Disparate impact involves facially neutral policies or practices that disproportionately affect a protected group without business justification.
Promptly investigate the complaint, take interim protective measures if appropriate, document all steps taken, reach a determination based on the evidence, take corrective action if warranted, and protect the complainant from retaliation.
Reasonable accommodations are modifications to the job or workplace that enable a qualified individual with a disability to perform essential functions. Examples include modified schedules, assistive technology, reassignment, and physical workplace modifications. Employers must engage in an interactive process.
Defenses include demonstrating legitimate, non-discriminatory reasons for the challenged action, showing consistent treatment, documenting performance issues, presenting evidence of thorough investigation and good-faith decision-making, and challenging the plaintiff's prima facie case.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
