Marc J. Scheiner practices in the area of employment law, counseling clients on a variety of employment issues. He represents clients in employment litigation matters and trains human resources professionals, in-house counsel and supervisors on a range of workplace topics. Mr. Scheiner works with clients to ensure compliance with Title VII, the Americans with Disabilities Act and ADAAA, Family and Medical Leave Act, Age Discrimination in Employment Act, Equal Pay Act, Fair Credit Reporting Act and various state and local laws. He also assists clients in reviewing and drafting employment policies, handbooks, employment agreements, non-compete agreements, and severance agreements.

Mr. Scheiner has represented clients in federal and state courts as well as before federal, state and local administrative agencies in matters involving charges and complaints of age, sex, race, national origin, sexual orientation, pregnancy and religious-based discrimination and harassment; retaliation; background checks; drug testing; and unemployment insurance issues. He has also represented indigent clients in Social Security disability appeals before the U.S. Social Security Administration and in hearings before the U.S. Department of Labor.

Mr. Scheiner has volunteered or worked on pro bono matters for Canine Partners for Life, the Volunteer Lawyers Project of the Boston Bar Association, the Human Rights Campaign, Big Brothers Big Sisters of America and the Mazzoni Center. Mr. Scheiner is also active as a mentor and advisor through his service on the board of directors of the Alumni Corporation of the University of Rochester chapter of Sigma Phi Epsilon.

Mr. Scheiner has also been cited by The National Law Journal, Employment Law360 and the Philadelphia Business Journal on employment topics.

Mr. Scheiner is a 2003 graduate of Cornell Law School, where he was note editor of the Cornell Journal of Law and Public Policy and a Legal Methods Honors Fellow, and a magna cum laude graduate of the University of Rochester.

Representative Matters

• Conducted several hundred in-house trainings for clients (including executives, managers, and employees) in various industries, including on the topics of harassment prevention (including in response to #MeToo claims), hiring and interviewing, performance management, reasonable accommodations, and leaves, key employment laws for managers, conducting effective internal investigations, diversity and inclusion issues (with particular focus on LGBT and religious workplace issues) and dress code/appearance issues.

• Drafted numerous employee handbooks and other employment policies.

• Obtained numerous settlements that clients found favorable in various discrimination, harassment and retaliation related cases pursuant to Title VII, the Pennsylvania Human Relations Act, the Philadelphia Fair Practices Ordinance, the New Jersey Law Against Discrimination, the Americans with Disabilities Act and the Age Discrimination in Employment Act.

• Negotiated favorable resolutions of numerous threatened lawsuits in advance of filed litigation.

• Conducted privileged internal investigations for clients concerning allegations of harassment and discrimination.

• Obtained dismissals of numerous charges (including before the U.S. Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission, the Philadelphia Commission on Human Relations, the New Jersey Division on Civil Rights, the Delaware Division of Industrial Affairs and the Massachusetts Commission Against Discrimination) alleging various bases of discrimination and harassment.

• Second-chaired two jury trials in New Jersey state court, obtaining a favorable jury verdict for a hospital client on defamation and retaliation claims after a one-week trial.

• Defended large regional non-profit organization against former employee’s FMLA interference and retaliation claims.

• Obtained settlement on behalf of a nationwide drugstore chain that the client found favorable in connection with allegations of defamation and violations of the Fair Credit Reporting Act.

• Obtained complete dismissal of discrimination claim through the plaintiff’s withdrawal of his complaint, immediately following the taking of the plaintiff’s deposition.

• Obtained settlements on behalf of the luxury department store that the client found favorable in matters involving claims of sex, national origin, race and age discrimination, and harassment.

• Defended unemployment insurance claims.

• Defended managers and executives in third-party depositions.

Areas of Practice

• Employment Law

Admissions

• Pennsylvania

• Massachusetts

• New Jersey

• U.S. District Court for the Eastern District of Pennsylvania

• U.S. District Court for the District of New Jersey

• U.S. District Court for the District of Massachusetts

Education

• Cornell Law School, J.D., 2003
  - Note Editor, Cornell Journal of Law and Public Policy
  - Legal Methods Honors Fellow

• University of Rochester, B.A., magna cum laude, 2000

Civic and Charitable Activities

• Sigma Phi Epsilon, University of Rochester Chapter
  - Alumni Corporation Board of Directors

Selected Publications

• Co-author, "Charting the Rise of Retaliation Claims: EEOC Issues New Enforcement Guidance on Workplace Retaliation," Duane Morris Alert, September 7, 2016

• "Delaware Enacts Gender Identity Nondiscrimination Act to Extend Employment Discrimination Protections Based on Gender Identity," Duane Morris Alert, June 24, 2013

• Co-author, "EEOC Updates Informal Guidance for Employers in Handling Cancer, Diabetes, Epilepsy and Intellectual Disabilities Under the Americans with Disabilities Act," Duane Morris Alert, June 4, 2013

• "EEOC Issues Enforcement Guidance on Employers' Consideration of Arrest and Conviction Records in Employment Decisions," Duane Morris Alert, May 2, 2012

• Co-author, "U.S. Supreme Court Recognizes Ministerial Exception and Bars Employment Discrimination Claims by Employees Engaged in Ministerial Functions," Duane Morris Alert, January 13, 2012

• Co-author, "EEOC Issues Final Regulations Implementing ADA Amendments Act," Duane Morris Alert, March 31, 2011

• Co-author, "EEOC Issues Final Regulations Regarding Title II of the Genetic Information Nondiscrimination Act," Duane Morris Alert, November 22, 2010

• Co-author, "Employer Tax Benefits in Newly Enacted HIRE Act," Duane Morris Alert, April 5, 2010

• Co-author, "Compliance with the Genetic Information Nondiscrimination Act (GINA) ," Duane Morris Alert, December 9, 2009

• "Delaware Enacts Law to Extend Employment Discrimination Protections Based on Sexual Orientation," Duane Morris Alert, July 8, 2009

• Co-author, "Employee Misclassification: A Risky Business for Employers," The Metropolitan Corporate Counsel, March 2008

• "Dressed for Work or Dressed for Las Vegas? An Overview of Employee Dress Code Policies," The Metropolitan Corporate Counsel, December 2007

• Co-author, "Permitting Prayer and Preventing Proselytizing: Religion in the Workplace," The Metropolitan Corporate Counsel, August 2007

Selected Speaking Engagements

• Presenter, "Employment Law 103," Duane Morris Institute (DMi), Philadelphia, June 3, 2020

• Presenter, "Employment Law 101 & Employment Law 102," Duane Morris Institute (DMi), Webinar, March 31, 2020

• Presenter, "2020 Navigation Guide for the West Coast: Washington Employment Law Update," Duane Morris Institute (DMi), Webinar, January 22, 2020

• Presenter, "Harassment Prevention Training for Human Resources and Managers," Duane Morris Institute (DMi) Seminar, Philadelphia, October 29, 2019

• Presenter, "Employment Law 101 and 102," Duane Morris Institute (DMi) Seminar, Philadelphia, October 3, 2019

• Presenter, "Avoiding Workplace Discrimination: Gender Identity and Sexual Orientation," Duane Morris Institute (DMi) Webinar, July 23, 2019

• Presenter, "Employment Law 103: A Deeper Dive," Duane Morris Institute (DMi) Seminar, Philadelphia, June 4, 2019

• Speaker, "Employment Aspects of Substance Abuse and Drug Addiction," Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 7, 2019

• Presenter, "Employment Law 101 and 102," Duane Morris Institute (DMi) Seminar, Philadelphia, March 19, 2019

• Presenter, "Top 10 Reasons Why You Should Update Your Handbook This Year," Duane Morris Institute (DMi) Webinar, January 23, 2019

• Presenter, "Employment Law 101 and Employment Law 102," Duane Morris Institute (DMi) Webinar, April 10, 2018

• Presenter, "Top 10 Reasons Why You Should Update Your Handbook This Year," Duane Morris Institute (DMi) Webinar, February 27, 2018

• Speaker, "Harassment Quiz SM" Duane Morris Institute (DMi), December 13, 2017

• Speaker, "Employment 102," Duane Morris Institute (DMi), Philadelphia, October 17, 2017

• Speaker, "Employment 101," Duane Morris Institute (DMi), Philadelphia, October 17, 2017

• Speaker, "Preparing for the Inevitable: Strategies for Handling EEOC Claims," Duane Morris Institute (DMi), Philadelphia, September 28, 2017

• Speaker, Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 3, 2017

• Speaker, "Systematic Approach to Attacking Harassment..." and "Preparing for the Inevitable: Strategies for Handling EEOC Claims," Duane Morris Institute (DMi), Philadelphia, April 25, 2017

• Speaker, "Top Ten Mistakes in Interviewing & Hiring Process," Delaware County (PA) SHRM Chapter, April 2016

• Speaker, "Creating an LGBT-Inclusive Workplace," Cumberland Valley SHRM Diversity Conference, May 6, 2016

• Speaker, "Finding Our Way Through the Weeds: Employment Law & Medical Marijuana in the Workplace," American Industrial Hygiene Association, April 20, 2016

• Speaker, "Drafting Employee Handbooks and Avoiding the Most Common Handbook Mistakes," Pennsylvania Chamber of Business and Industry's HR Roundtable, King of Prussia, PA, April 26, 2012

• Presenter, "Sexual Orientation and Gender Identity Workplace Issues," 2008 and 2009 Legislative Conference for the Society of Human Resources Management

• Participant, 2008 Delaware Valley Human Resources (DVHR) Partnership Summit