Brian A. Hartstein is a partner in the Labor & Employment Group at Quarles & Brady, representing and counseling management on a wide range of labor and employment issues, with an emphasis in employment discrimination litigation. His experience includes individual, class, and collective action litigation arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), the American with Disabilities Act (ADA) and other federal, state, and local employment laws. Mr. Hartstein also provides day to day counseling on employment matters for numerous clients in a variety of industries including, transportation, telecommunications, financial services and the sharing economy. Representative experience includes the following:
- Defending against an EEOC enforcement action under the ADA challenging the termination and accommodation decisions for 134 employees.
- Serving as primary attorney representing an international energy provider in a purported class action alleging sex discrimination.
- Successfully obtaining injunctive relief for a shipping and logistic firm against a departed sales executive and his new employer after the executive misappropriated confidential trade secret information.
- Conducting multiple sensitive and executive-level internal investigations, including investigating a chief executive and preparing an investigative report for the board of directors.
- Representing a medical equipment manufacturer in a 104 Plaintiff ADEA collective action, including the oversight of a large-scale electronic discovery process, dozens of depositions, and multiple expert witnesses.
- Successfully defended manufacturing client against discrimination, harassment, and retaliation claims under Title VII and the ADEA, including prevailing on a motion for reconsideration of a motion for summary judgment. Hubbell v. World Kitchen, LLC, 2010 WL 5092255 (W.D.Pa. Dec. 8, 2010); Hubbell v. World Kitchen, 688 F. Supp.2d 401 (W.D. Pa. Feb. 24, 2010).
- Successfully defending an airline service provider against a national origin discrimination claim, prevailing on summary judgment. Tallud v. Aircraft Service International Group, 08-CV-6750 (N.D. Ill. Oct. 20, 2009).
- Successfully representing various Fortune 500 clients on a variety of Title VII, ADA, and ADEA claims, who prevailed on Motions to Dismiss or Motions for Summary Judgment.
- Counseling and representing employers in matters related to human resources, preventing and defending lawsuits and administrative actions, and reductions in force and advising employers on current development employment laws, including FLSA, VESSA, FMLA, USERRA, Title VII, ADA, and ADEA.
- Defending employers against wage claims, discrimination claims, retaliation claims, and unemployment claims before the Equal Opportunity Commission (EEOC), Department of Labor (DOL), National Labor Relations Board (NLRB), Occupational Health and Safety Administration (OSHA), and various state agencies.
- Preparing comprehensive employment policies and handbooks for numerous employers in many states.
- Preparing executive and general employment contracts in the manufacturing, transportation, financial services, real estate, sharing economy and other industries.
- Providing labor and employment counseling and support on large-scale asset and stock purchases and other types of corporate transactions.
In 2004, Mr. Hartstein served as a law clerk to Administrative Judge Rebecca Dickenson at the EEOC's Washington, D.C. Field Office.
- Labor & Employment
- Banking & Financial Institutions
- Financial Institutions Litigation
Education and Honors
- Georgetown University Law Center (J.D., 2006)
- Cornell University (B.S., 2003)
- Major: Industrial and Labor Relations
- Selected as an Illinois Emerging Lawyer - Leading Lawyers Network, 2015 (Employment & Labor: Management)
- Selected for inclusion in Illinois Super Lawyers®–Rising Stars Edition (2012–present: Employment & Labor)