Legal Analysis
Employment Tip of the Month – September 2025
September 2025
Christina Heischmidt focuses her practice on employment and labor law, and notably serves as a representative for Wilson Elser’s Women Attorneys Valued & Empowered (WAVE) initiative. She has significant experience handling complex employment and wage-related litigation and counseling matters for a range of local, national and multinational employers in the areas of higher education, transportation, technology, retail, hospitality, government contracting and nonprofits. She regularly represents large multi-unit property owners and management in fair housing matters.
Christina has represented clients successfully before agencies and courts at the local, state and federal level. Her work has involved discrimination related to the protected classes of race, color, sex (including gender, sexual harassment and discrimination based on pregnancy, childbirth, etc.), national origin, age, religion, marital status, personal appearance, sexual orientation, gender identity and expression, family and caregiving responsibilities, and disability. Christina also regularly conducts internal investigations for clients on workplace claims.
In addition to litigation, Christina regularly provides advice and counseling to a number of clients on employment and fair housing matters and assists employers in developing employee handbooks and other employment- and fair housing–related policies and procedures. She regularly provides presentations and training for employers on a wide range of EEO and fair housing issues. Christina provides counsel to employers and management to mitigate the risk of potential lawsuits and avoid significant costs.
Prior to joining Wilson Elser, Christina represented small businesses and government contractors in an advisory role, and handled complex litigation before state and federal courts and regulatory bodies. She also has experience in general business litigation matters and government contracts.
Employment & Labor Practice
Christina focuses on representing management and employers in employment cases. She has represented clients in a wide range of matters brought under federal, District of Columbia, Virginia and other states’ antidiscrimination statutes, including Title VII, FMLA, ADA, ADEA, and 42 U.S.C. 1981 claims and their state counterparts, at both the trial and appellate levels. Christina also has significant experience handling matters in arbitrations before the American Arbitration Association and administrative agencies such as the U.S. Equal Employment Opportunity Commission, the U.S. Occupational Safety and Health Administration, and state counterparts. Christina also provides advice and counsel, as well as formal trainings, to employers to establish best practices and mitigate risk in resolving issues before they result in litigation.
In the area of wage-and-hour regulations, Christina regularly represents clients in FLSA and state counterpart claims in court, including collective actions. She also has assisted clients in navigating and resolving audits before the United States Department of Labor. Christina regularly provides advice and counsel regarding wage-and-hour compliance.
In the labor realm, Christina has represented employers in matters related to unfair labor practice charges before the National Labor Relations Board and unionization efforts.
Fair Housing Practice
Christina also focuses her practice on fair housing litigation and counseling matters. She regularly defends residential property owners and management companies in agency investigations and lawsuits at the local, state and federal levels. She has successfully defended, as well as achieved favorable settlements for, a number of clients before the U.S. Department of Housing and Urban Development and various state agencies and courts.
Christina Heischmidt focuses her practice on employment and labor law, and notably serves as a representative for Wilson Elser’s Women Attorneys Valued & Empowered (WAVE) initiative. She has significant experience handling complex employment and wage-related litigation and counseling matters for a range of local, national and multinational employers in the areas of higher education, transportation, technology, retail, hospitality, government contracting and nonprofits. She regularly represents large multi-unit property owners and management in fair housing matters.
Christina has represented clients successfully before agencies and courts at the local, state and federal level. Her work has involved discrimination related to the protected classes of race, color, sex (including gender, sexual harassment and discrimination based on pregnancy, childbirth, etc.), national origin, age, religion, marital status, personal appearance, sexual orientation, gender identity and expression, family and caregiving responsibilities, and disability. Christina also regularly conducts internal investigations for clients on workplace claims.
In addition to litigation, Christina regularly provides advice and counseling to a number of clients on employment and fair housing matters and assists employers in developing employee handbooks and other employment- and fair housing–related policies and procedures. She regularly provides presentations and training for employers on a wide range of EEO and fair housing issues. Christina provides counsel to employers and management to mitigate the risk of potential lawsuits and avoid significant costs.
Prior to joining Wilson Elser, Christina represented small businesses and government contractors in an advisory role, and handled complex litigation before state and federal courts and regulatory bodies. She also has experience in general business litigation matters and government contracts.
Bruno W. Katz (Partner-San Diego, CA) and Christina M. Heischmidt (Partner-McLean, VA) defended a nonprofit religious organization that runs a Residential Re-entry Center (RRC) in Maryland, for former prison inmates and employs Security Specialists. The International Union, Security, Police and Fire Professionals of America (SPFPA) filed an election petition with the NLRB for a vote to recognize the SPFPA as the union for the Security Specialists. Our client opposed this petition based on lack of jurisdiction as a religious organization. At the same time, the SPFPA filed an unfair labor practice (ULP) against our client alleging the suspension and ultimate termination of some Security Specialists in violation of the National Labor Relations Act (NLRA) because they were exercising their rights to seek and campaign for unionization.
Bruno and Christina provided evidence that the RCC is funded through a grant from the federal Bureau of Prisons (BOP), which requires employees to have a BOP security clearance. The evidence showed the suspension and eventual termination of employment of the employees along with one of the supervisors was mandatory as they did not have the required security clearance. There was evidence of other non-complaining/ union supporting employees whose clearance was pulled by BOP who were also terminated. As a result of Bruno and Christina’s vigorous defense, the NLRB Regional Director ordered the ULP dismissed due to insufficient evidence to establish a violation of the NLRA. The Union also withdrew its election petition seeking recognition. The time to appeal the decision has now passed.
Bruno W. Katz and Christina M. Heischmidt
Christina Heischmidt (Partner-McLean, VA) and Lauren Stadler (Associate-McLean, VA) defended the owner and manager of a low-income housing property in a matter involving a housing discrimination complaint dually filed with the U.S. Department of Housing and Urban Development (HUD) and the Indiana Civil Rights Commission (ICRC). In her complaint, the complainant alleged discrimination on the basis of race, arguing the housing provider did not equally enforce policies or perform repairs in her unit. After reviewing the client’s policies, procedures and maintenance history, Christina and Lauren submitted a position statement asking for full dismissal of the housing complaint given that the client performed all requested maintenance work and equally enforced its community policies. Following a client interview and brief period of review, the ICRC issued a “no probable cause” determination in the client’s favor, granting a full dismissal of the housing discrimination complaint.
Christina M. Heischmidt and Lauren Stadler