Overview

Barry A. Hartstein has earned a national reputation for a career that includes more than 30 years of counseling and representing employers in a broad range of labor and employment matters. He is a frequent writer, commentator and lecturer on workplace issues. He also has extensive experience as a litigator and has defended employers nationwide in individual and class action claims and wage and hour collective actions. He has particular expertise dealing with the Equal Employment Opportunity Commission (EEOC) on both a local and national level, which included an invitation by the EEOC chair to address the Commission at a recent meeting in Washington D.C. on the legal standards governing employers’ consideration of criminal arrest and conviction records.

His clients include employers in:

  • Retail
  • Hospitality
  • Fitness
  • Health care
  • Financial services
  • Manufacturing operations

Barry serves in numerous leadership roles for Cornell University's ILR School. Founded as the School of Industrial and Labor Relations, the ILR School today is the world's leading college focused on work, employment and labor issues. In addition to his position on the Dean's Advisory Council and as a board member of the Scheinman Institute, which is the first institute exclusively focused on the study and practice of workplace dispute resolution, he recently completed his term as president of ILR's Alumni Association.

Barry has served for many years in a national leadership role for the American Bar Association in its section devoted to labor and employment law focusing on EEO issues, including serving as a management co-chair of the Equal Employment Opportunity Committee. In this role, he has worked closely with various chairs and other members of the EEOC, in addition to serving as a liaison between the Chicago Bar and the EEOC’s Chicago District Office to facilitate communication between the Bar and the EEOC on both a local and national level.

Prior to joining Littler, Barry was the managing partner of the Chicago office of a major AM Law 100 Firm, where he also served as the Chicago practice leader for the firm's labor and employment practice.

Professional & Community Affiliations

Member

Labor and Employment Law Section

American Bar Association

Co-Chair, Finance Committee

American Bar Association

2010-present

Management Co-Chair, EEO Committee

American Bar Association

2002-2004

Co-Chair, EEOC Liaison Committee

Chicago District Office

American Bar Association

1995-present

Member, Executive Committee

Cornell ILR Alumni Association

1995-present

Former President

Cornell ILR Alumni Association

2007-2009

Dean’s Advisory Council

Cornell ILR School

2007-present

Member, Board of Directors

Scheinman Institute on Conflict Resolution

Cornell ILR School

2008-present

Member, Trustee Nominating Committee

Cornell University

2008-present

Program Chair

American Employment Law Council

2010-2012

Member

American Employment Law Council

1995-present

Recognition

Named, The Best Lawyers in America©

2007-2016

Named, Leading Lawyer 500

InterContinental Finance Magazine

2013

Named, Who's Who in American Law

2014

Named, International Who's Who of Management Labour and Employment Lawyers

Who's Who Legal

2012-2015

Recipient, Judge William B. Groat Alumni Award

Cornell ILR School

2011

Named, Nations' Most Powerful Employment Attorneys - Top 100

Human Resource Executive / Lawdragon Inc.

2010-2015

Named, America's Leading Lawyers for Business

Chambers USA

2003-2015

Named, Management Labour and Employment

Who's Who Legal

2007-2013

Named, World's Leading Lawyers

Labor and Employment - Expert Guides: The Legal Media Group Guides

2009-present

Fellow

College of Labor and Employment Lawyers

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Publications & Press

Labor & Employment Digest: July/August 2015

Inside Counsel

August 1, 2015

Where the human resource worries reside

Fleet Owner

July 17, 2015

Labor & Employment Digest: June 2015

InsideCounsel

May 28, 2015

Litigation adds complexity to once-simple laws

Business Insurance

May 10, 2015

EEOC Pursuing Discrimination Cases Aggressively

Today's General Counsel

April 1, 2015

Supremes Revive Young v. UPS Case

Human Resource Executive

March 26, 2015

Supreme Court Revives Pregnancy Discrimination Act Claim

Society for Human Resource Management (SHRM)

March 25, 2015

In 50th Year, EEOC Pushes Enforcement Limits

Society for Human Resource Management (SHRM)

March 4, 2015

Looking to Rebound

Corporate Counsel

March 1, 2015

Keeping Up With the EEOC in 2015

Texas Lawyer

February 2, 2015

Should pregnancy Create Special Preferences at Work?

Diversity & the Bar

February 1, 2015

EEOC Welcomes New Staff to Build on Agency’s National Enforcement Strategy

Bloomberg BNA Daily Labor Report

January 30, 2015

Littler report cites drop in EEOC charges filed, notes agency ‘fell short’ on systemic enforcement

Wolters Kluwer

January 20, 2015

Keeping Up With the EEOC in 2015

Corporate Counsel

January 14, 2015

The EEOC issues you’ll want to keep an eye on in 2015

HR Morning

January 7, 2015

EEOC to focus on hiring barriers, pregnancy bias, ADA and wellness in 2015: Report

Business Insurance

January 5, 2015

2015 Supreme Court preview

InsideCounsel

November 21, 2014

Do More Jobs and Stagnant Pay Spell Lawsuits?

Society for Human Resource Management (SHRM)

July 28, 2014

Employers Blame Economy for Workers’ Lawsuits

Human Resource Executive Online

July 22, 2014

Employers Had Significant Wins Against EEOC in 2013

Society for Human Resource Management (SHRM)

January 27, 2014

Employers beware: EEOC likely to continue ADA, ACA fight

Employee Benefit News

January 27, 2014

Supreme Court Raises the Bar in Bias Cases

Wall Street Journal

June 24, 2013

Lawyers Discuss Guidance on Potential Bias in Hiring

Prevention of Corporate Liability: Current Reports

Bloomberg BNA

April 15, 2013

Lawyers, EEOC Official Discuss Guidance On Potential Bias in Criminal History Checks

Privacy Security Law Report

Bloomberg BNA

April 15, 2013

EEOC: EEOC goes CSI

Employee Benefit News

April 1, 2013

EEOC Recoveries on the Rise

Human Resources Executive

March 20, 2013

EEOC to Focus on Opinion-Driven Performance Reviews

Bloomberg BNA Benefits & Compensation Management Update

January 23, 2013

EEOC to keep pressure on systemic discrimination in 2013 – report

Thomson Reuters News & Insight

January 11, 2013

EEOC Will Focus in 2013 on Hiring, Pay, Harassment

Society for Human Resource Management (SHRM)

December 21, 2012

New Handle on Crime

The Wall Street Journal

May 2, 2012

Arrest, minor criminal records derail job search

CareerDiva.net

April 25, 2012

Criminal Background

HR Magazine

February 1, 2012

EEOC Weighs Need for Hiring Guidelines Revisions

Society of Human Resource Management Online

August 2, 2011

Recent EEOC Developments Involving Disqualification of Applicants Based on Criminal History

Littler Mendelson Class Action Summit

2010

Telecommuting: The New Workplace of the ‘90’s

Employee Relations Law Journal

Spring 1996

Weeks v. Baker & McKenzie: A Potential ‘Blueprint’ for Sexual Harassment Litigation

Employee Relations Journal

Spring 1995

The Broadening Scope of Harassment in the Workplace

Employee Relations Law Journal

Spring 1994

An Employer’s Guide to the Civil Rights Act of 1991

Corporate Counsel’s Quarterly

July 1992

Rules of the Road in Dealing with Personnel Records

Employee Relations Law Journal

Spring 1992

Managing Workplace Disputes From Prevention to Cure

American Bar Association

1991

Bargaining During a Recession – Employers Beware

Employee Relations Law Journal

1991

OFCCP’s New Compliance Manual – Preparing For An Affirmative Action Audit

The Practical Labor Lawyer, Employee Relations Law Journal

Spring 1990

A Procedural Guide to Contesting Employment Related Violations of IRCA (Immigration Reform and Control Act)

The Practical Labor Lawyer, Employee Relations Law Journal

1989

An Employer’s Response to Frivolous Lawsuits: Avenues for Recovering Attorney’s Fees

The Practical Labor Lawyer, Employee Relations Law Journal

Spring 1988

Drug Testing in the Workplace: A Primer for Employers

Employee Relations Law Journal

Spring 1988

Books & Book Chapters

  • Employment and Labour Law Trends in the U.S. and Impact of a Global Economy, The International Comparative Legal Guide to: Employment & Labour Law 2011, Global Legal Group Ltd., co-authors: Garry G. Mathiason and Margaret Hart Edwards, 2011
  • Labour & Employment, Getting the Deal Through, Law Business Research Ltd., London, UK, Editor and contributing author, 2006-2009
  • Employer’s Guide to Auditing Personnel and Employment Practices, Business Laws, Inc., 1988-1995
  • Managing Workplace Disputes From Prevention to Cure, American Bar Association, Editor and contributing author, 1991

Speaking Engagements

Littler report cites drop in EEOC charges filed, notes agency ‘fell short’ on systemic enforcement

Wolters Kluwer

January 20, 2015

Best Hiring Practices for Screening Talent

Chicago, IL

October 2, 2013

Social Recruiting and Hiring: Sourcing the Best Talent, Doing Due Diligence and Avoiding Liability

2013 Social Media Summit: The New Reality

Littler Mendelson, San Francisco, CA

April 10, 2013

Background Checks for the 21st Century: How to Protect Your Organization Without Sinking in the Quagmire of New Laws

Bloomberg BNA Webinar

October 30, 2012

The EEOC's Expanded Agenda and Systemic Initiative: What Employers Can Expect During the Coming Year

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 10, 2012

Background Checks 2012: Can Employers Still Investigate their Employees & Applicants?

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 10, 2012

Annual Conference - American Employment Law Council

October 19-22, 2011

2011 EEO Update: An Employers' Perspective

Technical Assistance Program for Employers - Equal Employment Opportunity Commission (EEOC)

August 10, 2011

Implicit Bias

National Conference on Equal Employment Opportunity Law - Equal Employment Opportunity Committee, Section of Labor and Employment Law - American Bar Association

April 9, 2011

Dealing with an Emboldened EEOC: An Employer Roadmap to Investigations, Enforcement and Compliance in Today's Environment

2011 Executive Employer Conference® - Littler Mendelson, Phoenix, AZ

April 7, 2011

Preventing, Preparing For, and Responding to Threats and Acts of Violence in the Workplace

Association of Corporate Counsel, Chicago Chapter

October 5, 2010

What Every Employer Needs to Know About EEO Law-2010 Update

Technical Assistance Program for Employers, Chicago Area

August 4, 2010

Pattern or Practice Litigation – EEOC's Best Weapon?

National Conference on Equal Employment Opportunity Laws

March 25, 2010

The Lilly Ledbetter Fair Pay Act: Its Background and Future. Evolution or Revolution

University of Memphis Law School Symposium

February 19, 2010

50 Ways from Sunday – Can A Corporation Really Have A Successful Nationwide Policy That Is Consistent With State and Local Laws

National Conference on Equal Employment Opportunity Law

April 3, 2009

Managing the New Workplace- Employment Discrimination in the New Workplace

Center for Advanced Human Resources Studies (CAHRS), Cornell University

November 13, 2008

A View from the Bench: Judicial Perspective on Effective Trial Techniques

2nd Annual CLE Conference, Section of Labor & Employment Law - American Bar Association

September 11, 2008

Harassment Trends and Litigation: An Employer's Perspective – 2008 Update

Technical Assistance Program for Employers - Equal Employment Opportunity Commission (EEOC)

May 6, 2008

Mistakes Judges Have Seen Even Good Employment Lawyers Make

National Conference on Equal Employment Opportunity Law

March 27, 2008

Cindy Wild v Hooligan's, Inc

1st Annual CLE Conference, Section of Labor & Employment Law - American Bar Association

November 7-10, 2007

Hot Employment Issues and EPLI Coverage

Client Presentation

March 13-14, 2007

Employment Discrimination Class Actions – Overview, Recent Trends and Substantive Developments

Chicago Bar Association

November 29, 2006

True Challenges in EEO Lawsuits – Dealing with Compensatory and Punitive Damages in EEO Litigation

National Conference on Equal Employment Opportunity Law

March 2006

From the Judge's Perspective: A Discussion of EEO Claims and Litigation

Minneapolis State Bar Association

November 16, 2005

The Enforcers: The View from Washington

Annual Meeting - American Bar Association

August 9, 2004

Preparing for the Workforce of the Future

Society of Human Resources Professional

June 9, 2004

Key Steps to Avoiding the Employment Class Action

Client Presentation

May 5, 2004

Trial of an ADEA Case: Joe Moore v. The University of Notre Dame

Mid-Winter Program, EEO Committee - Section of Labor & Employment Law

March 22, 2003

An Employer's Guide to Reductions-In-Force and Corporate Reorganizing

North Shore Labor Council Meeting

June 13, 2002

National Conference on Evaluating Harassment Cases in the 21st Century

Section of Labor & Employment Law - American Bar Association

November 10-11, 2000

Education

  • J.D., Northwestern University School of Law, 1976
  • B.S., Cornell University, 1973

Bar Admission

Illinois
California

Courts

  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Eastern District of Wisconsin