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James
P. O’Brien,
Esq.
jobrien@forchellilaw.com
James P. O’Brien, (College of William and Mary,
Marshall-Wythe School of Law, Order of the Coif,
1994) represents employers in all areas of labor and employment
law. He has defended employers in federal and
New York state courts, and before various administrative
agencies including the Equal Employment Opportunity Commission,
the New York State Division of Human Rights, the New York
City Commission on Human Rights, the United States Department
of Labor and the New York State Department of Labor. Mr.
O’Brien has defended employers, at the trial level
and on appeal, against claims of employment discrimination
brought under, among other statutes, the Americans with
Disabilities Act, the Age Discrimination in Employment
Act, Title VII of the Civil Rights Act of 1964, the
Family and Medical Leave Act, the Equal Pay Act, the New
York State Human Rights Law and the New York City Human
Rights Law. He provides counseling to clients on a variety
of employment law subjects, including termination decisions,
managing employee absences, wage and hour issues and the
obligation to accommodate disabled employees. Jim
has assisted employers in avoiding legal difficulties by,
among other things, developing and reviewing personnel
policies and conducting training sessions. He also
regularly conducts investigations of internal complaints
of workplace harassment.
In addition, Mr. O’Brien has developed particular
experience in representing institutions of higher education
with respect to employment matters, including claims of
discrimination, breach of contract and failure to follow
institutional policies. He is Select Counsel in New
York for United Educators.
Mr. O'Brien is admitted to practice in New York and
before the United States District Court of Appeals for the
Second Circuit and the United States District Courts for
the Eastern and Southern Districts of New York. He is a member
of the American, New York State and Nassau County bar associations.
Prior to joining the firm, Jim was a Partner at Nixon Peabody
LLP. He earned his B.A. from Hamilton College, cum
laude.
Practice Areas: Labor & Employment and Litigation
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