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Mr. Hardy is a Director and Deputy Group Head in the Firm's Labor and Employment and Employment Litigation Groups. He counsels and defends clients in a broad array of industries ranging from healthcare and higher education to manufacturing.
Scott's areas of focus include:
- Representing employers in all types of litigation (both trials and appeals) in federal and state courts nationwide.
- Defending employers and executives against investigations conducted by administrative agencies such as the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and state wage/hour and human relations commissions.
- Conducting and overseeing internal corporate investigations of alleged employee misconduct.
- Counseling and litigating employment-related intellectual property matters such as restrictive covenants.
- Counseling and litigating background checks and employment-based privacy matters.
- Counseling higher education clients on student accommodation issues.
- Counseling employers on all aspects of their employment relationships and training them and their employees on legal and ethical compliance.
- Crafting employment policies including employee handbooks, corporate compliance programs and codes of ethics.
- Representing employers in traditional labor settings such as arbitration proceedings, NLRB matters and contract negotiations.
Bar Admissions- Pennsylvania
- U.S. Supreme Court
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Western District of Pennsylvania
Education- J.D., Notre Dame Law School, 1996
- B.A., Economics and Political Science (magna cum laude), Allegheny College, 1993
Noteworthy- Named a Pennsylvania Super Lawyer "Rising Star" by Philadelphia Magazine
- Named a Fellow of the American Bar Foundation
Representative Matters- Secured summary judgment in several employment discrimination lawsuits sparing clients the time, expense, and risk of proceeding to trial.
- Successfully negotiated settlements favorable to hospital and college clients in the high profile involuntary departures of a hospital CEO and of a college president.
- Secured dismissal of a Pennsylvania Fair Educational Opportunities Act ("PFEOA") claim filed by a graduate student against a college client with the Pennsylvania Human Relations Commission.
- Obtained dismissal of federal class action WARN Act lawsuit on behalf of acute care hospital.
- Trained countless numbers of managerial and rank-and-file personnel in avoiding workplace harassment and discrimination.
- Secured dismissal of lawsuit filed against an acute care hospital client by physician who was denied medical staff privileges.
- Secured favorable directed verdict mid-trial on behalf of a manufacturing client in an FMLA lawsuit.
- Successfully settled hard-fought dual EEOC federal court class action lawsuits alleging hostile work environment and discriminatory hiring practices.
Memberships- Member, Pennsylvania, Allegheny County, and Federal Bar Associations
- President and Executive Board Member, American Inns of Court, W. Edward Sell Chapter (Pittsburgh)
- Vice Chair, Board of Directors, Good Samaritan Hospice of Pittsburgh
- Member, Membership Standards Committee of the Greater Pittsburgh Council of the Boy Scouts of America
- Vice Chair, Labor & Employment Group, American Healthcare Lawyers Association (AHLA)
Seminars & Speeches- Co-Presenter, How to Effectively Retain, Present & Cross Examine Expert Witnesses, Pennsylvania Bar Institute (PBI) Employment Law West, Pittsburgh, PA (November 15-16, 2006)
- Course Planner and Co-Presenter, Advice & Consent: A Congressional Limitation on Executive Power, an Example of Overreaching Congressional Oversight, or Simply an Excuse to Play Political Bloodsport with Nominees?, American Inns of Court, W. Edward Sell Chapter, Pittsburgh, PA (January 2006)
- Presented, The Legality of Workplace Privacy, American College of Health Care Administrators (ACHCA) Winter Marketplace Conference (December 2005)
- Presented, The Law of Harassment: the Best Defense is a Good Offense, Pennsylvania Bar Institute (PBI) Employment Law West, Pittsburgh, PA (November 2005)
- Co-Presenter, Hiring Right – Firing Right: Practical Tips to Prevent Being Sued by Your Employee, Mid-Atlantic Lifespan's 24th Annual Conference and Exposition (May 2005)
- Co-Presenter, An Update on Developments In Traditional Labor Law and Union Activity, Ohio Health Care Association (April 2005)
- Co-Presenter, An Update on the Fair Labor Standards Act and How the New 'White Collar' Exemption Regulations Will Affect Long Term Care Facilities, American Health Lawyers Association (AHLA) Conference on Long-Term Care (February 2005)
- Course Planner and Co-Presenter, New Rules (and Headaches) for Corporate Counsel, American Inns of Court, W. Edward Sell Chapter, Pittsburgh, PA (January 2005)
- Presented, Stray Remarks and "Me Too" Evidence: Navigating Open Waters in the Third Circuit, Pennsylvania Bar Institute's Employment Law West, Pittsburgh, PA (November 18, 2004)
- Presented, Preventing and Handling Workplace Violence, Pennsylvania Association of Non-Profit Homes for the Aging (PANPHA), Annual Conference, Hershey, PA (June 2001)
- Presented, Hot Topics In Employment & Human Resource Law, Pennsylvania Association of County Affiliated Homes Spring Conference, State College, PA (April 2001)
- Presented, How To Successfully Execute An Internal Investigation, Southwestern Pennsylvania Healthcare Human Resources Society, Cranberry, PA (April 2001)
- Presented, Compliance Programs and Codes of Ethics From a Human Resources Perspective, New Castle, PA (February 2001)
- Presented, Update of Assorted Labor & Employment Law Topics, Southwestern Pennsylvania Healthcare Human Resource Society, Cranberry, PA (January 2001)
- Presented, Spare the Rod, Spoil the Employee: The Supreme Court Says No!, and Polishing Employees' Halos: Compliance Programs From a Human Resources Perspective, Cohen and & Grigsby Labor and Employment Update, Cranberry, PA (January 2001)
- Presented, Hot Topics In Labor & Employment Law, Pennsylvania Directors of Nursing Association, Annual Convention, Hershey, PA (June 2000)
- Presented, The Legality of Workplace Privacy, Cohen & Grigsby Labor & Employment Law Update, Cranberry, PA (January 2000)
- Presented, Human Resources 101, Center for Assisted Living Management, Monroeville, PA (January 2000)
Publications
- Co-author, Successful Strategies for Dealing with Government Agencies in Health Care Law (2007)
- Co-author, Supreme Court Clears the Tracks for Oncoming Retaliation Claims: Will Your Workplace Be Ready?, Health Lawyers News (October 2006).
- Co-author, Morelli v. Cedel: Ignoring Jurisdictional Limits and Outflanking Congress Towards the Internationalization of the ADEA, published in University of Pittsburgh Law Review (Spring 2004).
- Author, Be Prepared: An Old Motto to Embrace in this New Era of Crisis Management, Hospital News (December 2001)
- Co-author, The Legality of Workplace Violence, Matthew Bender Healthcare Reporter (May 2001)
- Co-author, The U.S. Supreme Court Offers Some Advice: Juries Will Punish Employers For Exercising Poor Judgment, Assisted Living Success (April 2001)
- Co-author, Be Safe, Not Sorry – Is Your Workplace Vulnerable to Violence?, Assisted Living Success (November 2000)
- Co-author, Personal Fouls: The On-Field Consequences of Off-Field Conduct, Pittsburgh Sports Report (August 2000)
- Author, Workplace Privacy – Get the Legal Scoop Before You Snoop, Assisted Living Success (April 2000)
- Co-author, The Postman Syndrome, ADVANCE for Providers of Post-Acute Care (September 1999)
- Co-author, Zero Tolerance: The Best Medicine for Workplace Violence, Assisted Living Success (September 1999)
- Author and co-author of several articles appearing in the Cohen & Grigsby Review
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