Frank A. Chernak

Litigation, Labor and Employment, Appellate

Frank A. Chernak is a partner in the Litigation Department and a member of the Labor and Employment Group and Appellate Group. Mr. Chernak's practice emphasizes employment and civil rights defense litigation involving constitutional, Title VII, race discrimination, sexual harassment and retaliation, reverse-gender and retaliation, age discrimination, national origin hostile work environment, FMLA, and ADA cases. He also counsels clients regarding compliance with ADA, FMLA, FLSA, WARN Act, and EEO laws; hiring and firing practices; racial and sexual harassment investigations; and restrictive contracts along with noncompete litigation and counseling.

Representative Matters

• Successfully argued a Fair Labor Standards Act case at the U.S. Court of Appeals for the Third Circuit involving 33 deputy sheriffs who claimed entitlement to overtime compensation for time spent waiting on call
• Successfully argued a defamation case on behalf of a bank before the U.S. Court of Appeals for the Third Circuit
• Successfully argued the granting of judgment as a matter of law for a hospital before the U.S. Court of Appeals for the Third Circuit
• Successfully argued the denial of an injunction in a First Amendment case before the U.S. Court of Appeals for the Third Circuit
• Successfully tried a Fair Labor Standards Act case for a leading document management products company before U.S. District Judge Berle M. Schiller
• Successfully defended employers in federal court jury trials in sex harassment, race discrimination, age discrimination, reverse-gender discrimination, national origin harassment, Americans with Disabilities Act discrimination, and retaliation cases
• Successfully defended municipalities and private companies in employment or constitutional deprivation cases through discovery and the granting of summary judgment

Pro Bono Experience

Mr. Chernak provides pro bono work for various veteran organizations.

Professional Activities

Philadelphia Bar Association, Federal Courts Committee

University of Pennsylvania Inn of Court

Recognition & Accomplishments

Mr. Chernak was a lieutenant colonel in the U.S. Air Force Reserve, where he flew more than 5,000 hours in a C-130 as a navigator for the 913 Air Wing. He served on active duty on the Arabian peninsula during Desert Storm, flying almost 50 combat support missions. He is a recipient of the U.S. Air Force Air Medal, Air Force Meritorious Service Medal, Air Force Commendation Medal, Combat Readiness Medal, and the Small Arms Expert Marksmanship Ribbon.

AV Peer Review Rating, Martindale-Hubbell

Publications

Co-author, "Supreme Court Requires Employers to Prove Reasonable Factors Other Than Age in an ADEA Disparate Impact Case," Ballard Spahr Alert, June 20, 2008

Co-author, "Department of Labor Issues Final Rule on Reporting Obligations for Federal Contractors Who Employ Certain Military Veterans," Ballard Spahr Alert, May 21, 2008

"Employer E-Mail Policies Scrutinized for Violations of Federal Labor Law," Ballard Spahr Alert, April 4, 2007

Speaking Engagements

"Immigration and Discrimination: Avoiding Penalties and Potential Plaintiffs," Philadelphia, November 16, 2007

"The Workplace Whistleblower: Overview of Whistleblower Laws and Practical Strategies for Dealing with the Threat of a Whistleblower's Accusations and Claims," Philadelphia, June 2, 2006

"The Workplace Whistleblower:  Overview of Whistleblower Laws and Practical Strategies for dealing with the Threat of a Whistleblower's Accusations and Claims," Great Valley, Pennsylvania, May 12, 2006

Course planner and presenter, "Family and Medical Leave Act in Pennsylvania,"  Lorman Education Services, Philadelphia, October 15, 2003

"Compliance with HIPAA Issues," First National Conference for Nonprofit Human Resources, Philadelphia, June 12, 2003

"Human Resources Policies and Procedures in Light of HIPAA," Ballard Spahr program, Philadelphia, May 16, 2003

Course planner and presenter, "Title VII and Retaliation," County of Bucks Labor and Employment Law Seminar, Doylestown, Pennsylvania, January 22, 2003

Community Activities

Springside School, parent volunteer, Annual Fund, New Parents' dinner

Board Memberships

Sunnybrook Golf Club

Temple University James E. Beasley School of Law (J.D. 1989, cum laude)

University of Arkansas (M.S. 1984)

State University of New York at Cortland (B.S. 1977)

New Jersey

Pennsylvania