Barry A. Hartstein

Selected Matters

• Retained as co-counsel following a reasonable cause finding and filing of a pattern or practice lawsuit by the EEOC in the Northern District of Georgia involving alleged discrimination against females for driver positions, in which his relationship with the EEOC contributed to the EEOC’s agreement to stay the litigation following a motion to dismiss by the employer, and led to retention of a private mediator, settlement and entering into a consent decree.
   
• Retained following reasonable cause finding involving ten separate ADA charges that were consolidated for conciliation based on finding of nationwide pattern or practice of denial of reasonable accommodations to those with disabilities as well as pregnant employees, which resulted in lengthy conciliation process and conciliation agreement with EEOC.
   
• Following a reasonable cause finding, Barry was substituted as counsel in a race discrimination pattern or practice failure to hire claim by the EEOC’s Chicago District Office involving a technology company, which resulted in a lengthy conciliation process and the parties entering into a conciliation agreement in which Barry has continued as the Company’s compliance counsel in working with the EEOC.
   
• Retained as settlement counsel by a national retailer in tandem with the former Governor of Missouri, following nearly six years of litigation involving a nationwide race discrimination failure to hire lawsuit involving the EEOC’s Houston District Office, in which the litigation was stayed and the parties entered into private mediation and the parties successfully resolved the matter by entering into a Consent Decree, in which Barry thereafter served as compliance counsel during the term of the Consent Decree.
   
• Successfully handled consolidated charges that included a Commissioner’s Charge alleging discrimination based on race, sex and national origin, an ADEA Directed Investigation and individual race discrimination charges by three charging parties against a major staffing firm by the EEOC’s Denver Field Office, and following a multi-year investigation by the EEOC, resulted in a favorable settlement that solely involved certain compliance obligations and no monetary payments tied to the Commissioner’s charge and ADEA Directed Investigation and merely involved settlement payments to the three charging parties.
   
• Retained by the insurer to serve as co-counsel for a nationwide chain of discount stores after six years of litigation in the Northern District of Illinois involving alleged discrimination in hiring practices against African American applicants based on the use of criminal background checks, and resulted in a subsequent stay, private mediation and the parties entering into a consent decree.
   
• Retained as co-counsel to handle an EEOC Commissioner’s charge pursued by the EEOC San Francisco District Office involving claims of systemic sexual harassment by a global technology firm, which subsequently resulted in outreach to the EEOC Commissioner and District Director, which subsequently resulted in the parties agreeing to private mediation and a conciliation agreement with the EEOC.
   
• Retained following notice of an ADEA directed investigation against a national restaurant chain, which followed a lengthy and ongoing investigation of an individual age discrimination charge, which were consolidated for investigation, and Barry subsequently negotiated limiting the investigation to the individual charge and various California operations, and despite reasonable cause findings, the ADEA directed investigation solely resulted in compliance obligations and no monetary relief, and monetary relief was limited solely to the charging party.