Rachel J. Moroski

Rachel Moroski is an associate in the Labor and Employment Practice Group in the firm's San Francisco office.

Areas of Practice

Rachel defends employers against claims of discrimination, harassment, wrongful termination, retaliation, and wage and hour noncompliance. She has represented clients in state and federal court as well as before administrative agencies including the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH).

An experienced litigator, Rachel has secured a number of favorable outcomes on behalf of industry-leading clients across various sectors. These include obtaining summary judgment in a case alleging battery and violations of state civil rights statutes, as well as defeating summary adjudication and securing dismissal of a case alleging violations of federal civil rights statutes. She has also obtained multiple insufficient evidence findings in matters pending before the EEOC and DFEH.

Outside of the litigation context, Rachel routinely counsels employers on a range of the most complex issues facing their organizations, including employee classification, sick leave obligations, disability accommodations, discipline, terminations, and restrictive covenants. She has also conducted internal investigations related to sexual harassment and employee classification, and has drafted and reviewed numerous employee handbooks.

During law school, Rachel served as a judicial extern to the Honorable Chief Judge James Ware in the Northern District of California and as a law clerk at the EEOC. She was also a member of the USF Law Review.

Experience

Representative Matters:

• Obtained summary judgment in case alleging battery and violations of state civil rights statutes.
• Defeated summary adjudication and obtained dismissal of case alleging violations of federal civil rights statutes.
• Obtained dismissal of all FEHA-based claims on the record in a plaintiff’s deposition.
• Obtained summary judgment for national scientific laboratory in lawsuit alleging gender and age discrimination.
• Obtained multiple insufficient evidence findings in a variety of employment matters pending before state and federal agencies.
• Defended Bay Area hospitals and physician groups against allegations of retaliation, breach of contract, invasion of privacy and misclassification.

Honors

Best Lawyers: Ones to Watch, Best Lawyers, 2023-2024

CALI Award for Excellence in Labor and Employment Law

CALI Award for Excellence in Health Law

ABA-BNA Award for Excellence in the Study of Labor and Employment Law

Articles

Labor and Employment Law Blog Posts

• "President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual Harassment Cases," December 19, 2022
• "EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain," June 4, 2021
• "California Municipalities Move Closer to Requiring Hazard Pay for Grocery and Pharmacy Workers," January 8, 2021

Events