Kelly M. Peña

Kelly M. Peña is an experienced employment lawyer who aggressively advocates for her clients and provides guidance on a range of issues.

Kelly has extensive experience representing employers in connection with a range of claims, including the following:

• Title VII of the Civil Rights Act of 1964
• Equal Pay Act of 1963 (EPA)
• 42 U.S.C § 1981 (Section 1981)
• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Family and Medical Leave Act (FMLA)
• Fair Labor Standards Act (FLSA)
• State whistleblower laws
• State and local human rights and anti-discrimination claims

She regularly represents employers in state, local, and federal administrative proceedings throughout the United States. She conducts related investigations, prepares position statements, and negotiates favorable resolutions with a variety of human rights agencies. She has obtained numerous “no reasonable cause” determinations, all of which were affirmed on appeal. She also has handled disability, health and life litigation matters for carriers and employers.

Kelly also counsels employers of all sizes, ranging from Fortune 50 companies to family-owned operations. She regularly advises clients on litigation strategy and offers best practice guidance on a number of employment law topics, ranging from job terminations, discipline and suspensions, position eliminations, alleged harassment, failure-to-promote/hire claims, and pay equity issues. Kelly drafts and provides guidance on various employment contracts and restrictive covenants. 

Kelly is frequently retained to conduct workplace investigations, stemming from alleged employee misconduct, harassment, and alleged sexual assault. She prepares detailed findings and recommendations for clients spanning various industries, such as healthcare, construction, professional services, and hospitality.