Sean J. Kirby

Partner
LINKEDIN
Sean Kirby

Overview

Sean Kirby is an experienced litigator and counselor who defends employers in a range of labor and employment matters, including single-plaintiff and class action claims involving discrimination, wrongful discharge, wage and hour disputes, employment contracts, restrictive covenants, whistleblower claims and sexual harassment.

Sean represents clients in federal and state courts, arbitrations before the American Arbitration Association and the Financial Industry Regulatory Authority, and proceedings before the Equal Employment Opportunity Commission, the U.S. Department of Labor and other federal and state agencies.

He also provides strategic counsel to domestic and international clients on workplace issues, including personnel policies, hiring procedures, reductions in force, severance strategies, employee discipline, disability accommodations, leaves of absence, wage and hour compliance, anti-discrimination laws and labor election processes. Sean drafts and negotiates employment, separation, non-compete and non-solicitation agreements and conducts discrimination and harassment prevention trainings, as well as investigations into harassment allegations, whistleblower complaints and other employment matters.

Clients value Sean’s significant experience defending disability access discrimination claims under the Americans with Disabilities Act (ADA) and New York municipal and state accessibility standards. His work spans architectural barrier access cases and cutting-edge disability access claims involving websites and other new media, representing national restaurant chains, retail establishments and other businesses.


Credentials
Clerkships

Interned for the Honorable Kevin T. Duffy, U.S. District Court for the Southern District of New York

Education

J.D., Fordham University, 2006, cum laude

B.A., LeMoyne College, 2001, cum laude

Admissions

New York

New Jersey

United States District Court for the Southern, Eastern, Western and Northern Districts of New York

United States District Court for the District of New Jersey

Honors

New York Rising Star, Super Lawyers, 2011-2019

Selected, Top 40 Labor & Employment Lawyers Under 40 in the State of New York, The American Society of Legal Advocates, 2013-2016

Thought Leadership

"Managing Infectious Diseases in the Workplace: Legal Requirements for Handling Infected, Exposed, or At-Risk Employees," C4CM, Center for Competitive Management Webinar, October 16, 2015

"Infectious Disease and the Workplace – Key Considerations for Employers," West LegalEdcenter, January 29, 2015

"Employee Social Media Use: Potential Liability for Employers Who Attempt to Regulate It and Reasonable Expectations for Employees," Bloomberg BNA Webinar, February 26, 2014

"Social Media, the First Amendment, and the NLRB: What Can Fashion Employers Do to Protect Their Brand and Designs?" New York, February 13, 2013

"Access Denied: Employee Social Media Use and Potential Liability for Employers Who Attempt to Monitor or Regulate It," Bloomberg BNA Webinar, August 23, 2012