Jennifer Craighead Carey

Jennifer is the firm’s managing partner and a member of the Employment Practice Group where she concentrates her practice in the areas of labor and employment law as well as school law.

In the area of employment law, Jennifer serves as both a counselor and a litigator. In her litigation role, Jennifer has handled cases at both the administrative level and in state and federal court. Jennifer regularly practices before the Pennsylvania Human Relations Commission (PHRC) and the Equal Employment Opportunity Commission (EEOC) as well as administrative agencies throughout the country, handling all manner of discrimination and retaliation claims. Jennifer routinely handles litigation in the Federal District Courts in both the Eastern and Middle Districts of Pennsylvania. Jennifer has obtained summary judgment and successful verdicts on behalf of her employer clients in numerous cases involving discrimination, harassment, and retaliation. In addition to defending discrimination cases involving sex, race, color, religion, age, disability, sexual orientation, national origin, ancestry, Veteran’s or military leave status, and other legally protected classes, Jennifer has also handled litigation for employers both at the administrative level and in state and federal courts involving claims under the Fair Labor Standards Act (FLSA), the Occupational Safety and Health Act (OSHA), the Family and Medical Leave Act (FMLA), Executive Order 11246, the False Claims Act, the Uniform Services Employment and Reemployment Rights Act (USERRA), and comparable state and local ordinances.

In her role as employment counselor, Jennifer regularly provides advice to employers on a myriad of employment issues, including counseling on performance and conduct related issues, reasonable accommodation obligations under the Americans with Disabilities Act (ADA), FMLA compliance and management, sexual and other harassment, workplace violence, and many other issues. Jennifer has worked with clients in investigations involving harassment, misappropriation of funds and other areas of misconduct, including conducting investigations of executive and high level management employees. Jennifer also has expertise in Executive Order 11246 to include affirmative action compliance for government contractors and handling OFCCP audits. Jennifer works with government contractors on hiring and compensation audits and drafting and reviewing affirmative action plans. Jennifer also has experience in assisting employers with claims involving unemployment compensation and workers’ compensation and frequently counsels clients on the interplay between the ADA, FMLA, and workers’ compensation. In addition, Jennifer reviews personnel policies for employers and has reviewed hundreds of employee handbooks for legal compliance.

Jennifer believes in a strategy of prevention for her employer clients, and in this role not only provides counseling and investigation services to employers, but also conducts a variety of on-site, workplace training in the areas of sexual and other harassment prevention, diversity, documentation strategies in the context of discipline and discharge as well as performance evaluations, FMLA/ADA/workers’ compensation interplay and management, workplace violence, union avoidance strategies for managers and supervisors, and the nuts and bolts of workplace management to prevent litigation. Jennifer is accustomed to conducting training at all levels to include employees, supervisors and managers, and executives and directors.

In her role as labor attorney, Jennifer has handled numerous labor arbitrations both in the public and private sector. In addition, she has handled labor negotiations for unionized employers, including Act 111 negotiations in in the public employer arena. Jennifer also counsels public employers on issues unique to the Heart and Lung Act and has successfully handled numerous civil service and grievance arbitrations involving termination of Heart and Lung Act benefits. Jennifer has also represented employers before the Pennsylvania Labor Relations Board and the National Labor Relations Board.

Jennifer also provides representation to universities and colleges on labor and employment matters, affirmative action compliance, student discipline, sexual assault and other sensitive issues, and on compliance with the Family Educational Rights and Privacy Act (FERPA). Jennifer regularly presents on FERPA issues, including the interplay between FERPA and HIPAA. In addition, Jennifer counsels schools on issues related to Title IX compliance and student accommodation requests under the ADA. She is also a past presenter for the Pennsylvania Association of School Business Officials (PASBO) on FMLA and ADA matters unique to school districts.

Jennifer represents clients of all sizes and in all industries and is well versed in issues unique to manufacturing and the service sector and provides employment law expertise and litigation management services to a national retailer. In addition, she regularly represents hospitals, long term care facilities, and other health care institutions in employment issues unique to those settings, including issues related to the Older Adult Protective Services Act, credentialing and staff privileges, and medication diversion, among other issues. Jennifer is also labor and employment counsel to municipalities throughout Pennsylvania.

RECOGNITIONS
  • Savoy Magazine Most Influential Black Corporate Directors (2021)
  • Pennsylvania Super Lawyers (2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023)
  • Central Penn Business Journal (Forty Under 40, 2005)
MEMBERSHIPS
  • Society for Human Resource Management
  • National Retail Federation
  • Lancaster County Association for Human Resource Management
  • Lancaster Bar Association, past diversity committee member
  • Pennsylvania Bar Association, employment law section, minority attorneys section
    National Association of College and University Attorneys (NACUA)
PUBLICATION
  • Pennsylvania Employment Law Deskbook, contributing author
PRESENTATIONS
  • “Medical Marijuana: Legislative Initiatives and Case Law,” Northeast PA Manufacturers & Employers Association (September 2023)
  • “Top 10 Management Mistakes,” 40th Annual Employment Law Seminar (May 2023)
  • “Practical Applications of FMLA/ADA,” 40th Annual Employment Law Seminar (May 2023)
  • “Employee Policies & Procedures Surrounding Medical Marijuana – Webinar,” LeadingAge PA (February 2023)
  • “Practical Applications of FMLA/ADA,” 39th Annual Employment Law Seminar (May 2022)
  • “Getting in the Weeds of Medical Marijuana,” 39th Annual Employment Law Seminar (May 2022)
  • “Workplace Investigations,” 38th Annual Employment Law Seminar (May 2021)
  • “Diversity and Inclusion: A Legal and Institutional Perspective,” 38th Annual Employment Law Seminar (May 2021)
  • “COVID-19 Vaccine: The Impact on Health Care and Long Term Care,” webinar (December 2020)
  • “Leave Issues Under FMLA, FFCRA and ADA,” 37th annual Barley Snyder Employment Law Seminar (September 2020)
  • “Breaking Down the Legal Barriers to Hiring,” Lancaster Chamber (March 2020)
  • “How to Control Absenteeism Under the FMLA/ADA/WC,” Barley Snyder 36th Annual Employment Law Seminar (May 2019)
  • “Drug Testing in the Workplace—What You Need to Know to Stay Compliant,” Barley Snyder 36th Annual Employment Law Seminar (May 2019)
  • “When Personal Conduct, Social Media and the Workplace Collide,” Barley Snyder 35th Annual Employment Law Seminar (May 2018)
  • “Workplace Investigations in the Era of the #MeToo Movement,” Barley Snyder 35th Annual Employment Law Seminar (May 2018)
  • “The Price of Incivility: The Link Between Civility and Workplace Harassment,” Barley Snyder 35th Annual Employment Law Seminar (May 2018)
  • Featured speaker, “Opioids in the Workplace,” from the Action for Substance Abuse Prevention Lititz (November 2017)
  • “Opioids in the Workplace,” Central Penn Business Group on Health (February 2018)
  • Featured speaker, “Opioid/Heroin Panel for Businesses” (August 2017)
  • “Taking and Defending the Deposition of an HR Manager,” Pennsylvania Bar Institute’s 23rd Annual Employment Law Institute (April 2017)
  • “Advanced Strategies for Managing the FMLA and ADA,” 2017 Barley Snyder Employment Seminar (April 2017)

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