Aaron F. Nadich

What do you focus on?

My practice focuses on the following areas:

Employment Discrimination, Harassment, and Retaliation

I represent employers in a variety of litigation matters including employment discrimination, harassment, retaliation and whistleblowers’ claims brought under various state and federal laws. In connection with these types of claims, I routinely obtain “no probable cause” determinations and summary judgment in favor of my client.

In addition to defending employers in litigation, I also counsel employers to assist them in avoiding litigation. I advise clients on obligations under various leave laws, accommodation of employees with disabilities, wage and hour compliance, employment discrimination and harassment claims, employee termination issues, and a variety of other employment issues.

Trade Secret and Restrictive Covenant Litigation

I have successfully represented clients in restrictive covenant and trade secret disputes, including successful requests for preliminary injunctions or other interim relief. I also regularly prepare and review employment agreements containing restrictive covenants to ensure enforceability.

Fair Credit Reporting Act Litigation and Counseling

I also advise companies to ensure full compliance with the Fair Credit Reporting Act (FCRA) and other applicable state laws. My experience includes counseling clients on FCRA procedures, preparing FCRA and state background check disclosure and authorization forms, and reviewing policies and procedures for FCRA compliance. I have also defended companies in litigation against claims based on alleged violations of FCRA and state background check laws.

Equal Employment Opportunity, Affirmative Action, and Diversity Counseling

I advise employers with respect to various state and federal laws and regulations concerning Equal Employment Opportunity, Affirmative Action, and diversity initiatives. My experience includes counseling employers concerning EEO-1 reporting requirements, as well as analyzing and counseling employers with respect to proposed diversity initiatives and affirmative action obligations under Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

What do you see on the horizon?

We saw a noticeable increase in EEO-1 reporting obligations and enforcement of systemic hiring and pay equity investigations by the Office of Federal Contract Compliance Programs (OFCCP) under the Obama administration, which changed significantly after the change in administrations. I am monitoring any changes to EEO-1 and affirmative action regulations, as well as changes to the EEOC’s and OFCCP’s approach to compliance determinations, so we can best advise covered employers.