Rachel V. Kushel

(she/her/hers)

Partner

  • Overview

    Biography

    Rachel Kushel counsels clients on all employment law and workplace human resource issues. She defends management in state and federal court litigation matters and administrative agency claims. Rachel is chair of the firm’s Labor, Employment, Benefits + Immigration Group.

    Employment Litigation and Administrative Advocacy

    Rachel has extensive experience defending management clients in discrimination, leave, and harassment matters. She litigates matters from inception to trial and through appeal in federal and state courts. She has argued successfully on behalf of clients before the United States Court of Appeals for the Second Circuit, the District Court of Connecticut, and Connecticut state trial and appellate courts.

    Rachel also represents clients in administrative agency matters before the Connecticut Commission on Human Rights and Opportunities, the Equal Employment Opportunity Commission, the Department of Labor, and the Occupational Safety and Health Administration. She also represents clients at private and public arbitration hearings, and in alternative dispute resolution and mediation sessions with federal, state, and private mediators.

    In addition to assisting clients in obtaining favorable resolutions to matters, Rachel has also achieved successes for clients at various stages of the litigation proceedings. She works with clients in a wide range of industries, including but not limited to, healthcare, financial services, government, and higher education.

    Counseling, Compliance, and Training

    Rachel counsels companies and human resource professionals in all areas of employment law, including discharge and discrimination issues, employee discipline, wage and hour issues, disability and reasonable accommodation, family and medical leave, unemployment, employment and independent contractor agreements, severance and separation agreements, individual terminations and reductions in force, and workplace health and safety issues. Rachel also negotiates and drafts employment and separation agreements, in addition to reviewing and revising employee handbooks and personnel policies. She also conducts training sessions related to a myriad of employment issues, including topics such as sexual harassment, workplace civility, and avoiding discrimination claims.

    Workplace Investigations

    Rachel is a trained workplace investigator and regularly conducts, manages, and provides advice regarding workplace investigations involving all types of employment-related issues. She assists clients with identifying situations that require a workplace investigation.

    Labor Relations and Union Avoidance

    Rachel advises clients on management rights and strategy. She also handles union grievances and arbitrations on behalf of employers.

    Pro Bono

    Rachel regularly engages in pro bono work, including handling unemployment benefits appeals for individuals and reviewing employment handbooks for non-profit and charitable organizations.

    She has been listed in The Best Lawyers in America© in the areas of Employment Law – Management and Labor Law – Management since 2018. 

  • Experience
    • Experience

      Experience

      • Secured dismissal of two separate actions alleging Constitutional claims against a municipality. 

      • Secured favorable settlement of litigation involving allegations of defamation, tortious interference with business relations, and promissory estoppel.

      • Currently serving as first-chair in multi-million dollar litigation which alleges violations of federal employment discrimination law and the Connecticut Fair Employment Practices Act.

      • Successfully defended employer in race discrimination claims pending before the Connecticut Commission on Human Rights and Opportunities.

    • Professional Associations

      Professional Associations

      Connecticut Bar Association
      Executive Committee of the Labor and Employment Section (2020)

      Association of Workplace Investigators
      Certificate Holder (2019)
    • Honors + Awards

      Honors + Awards

      Listed in The Best Lawyers in America© as Hartford Lawyer of the Year in the area of Employment Law – Management for 2023

      Robinson+Cole Diversity, Equity + Inclusion Award, 2022

      Listed in Benchmark Labor & Employment as a Labor & Employment Star for 2021, 2022 and 2023. 

      Selected to the Connecticut Super Lawyers list from 2020 to 2023

      Selected by her peers for inclusion in The Best Lawyers in America© in the areas of Employment Law-Management and Labor Law-Management since 2018.

      Named to the Connecticut Coalition Against Domestic Violence (CCADV) First 100 Plus Class of 2018 for demonstrating leadership and commitment to improving the lives of domestic violence survivors throughout Connecticut.

      Robinson+Cole Mentor of the Year Award Recipient, 2018

    • Community Involvement

      Community Involvement

      Center for Women and Families of Eastern Fairfield County
      Board Member (2010)
      Chair, HR Committee (2010)
  • NEWS + PRESS
    • Publications

      Publications

      "Updating Connecticut Employee Handbooks for 2022," co-authored with Stephen W. Aronson, Kayla N. West and Abby M. Warren, published by the Connecticut Business and Industry Association (CBIA) (7/28/2021)

      "The ABCs of DEI," co-authored with Abby M. Warren, Kayla N. West and Britt-Marie K. Cole-Johnson, published in Industry Week (3/12/2021)

      "Employer Best Practices For Diversity, Equity and Inclusion," co-authored with Abby M. Warren, Kayla N. West and Britt-Marie K. Cole-Johnson, published in Law360 (2/11/2021)

    • Presentations

      Presentations

      "Pregnancy Accommodations for Educational Institutions," co-presented with Kathleen E. Dion, an R+C-hosted webinar (10/24/2023)
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      "Sexual Harassment and Gender-Bias Discrimination in the Workplace: spotlight on the current environment and effects of Dobbs v. Jackson Women’s Health," presented during a membership meeting of the Central Connecticut Paralegal Association (CCPA) (10/20/2022)
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      "Recreational and Medical Marijuana at Work: CT, MA and R," co-presented with Abby M. Warren, as part of the three-day Tri-State SHRM Conference, a collaboration among the Society of Human Resource Management State Councils of Connecticut, Massachusetts, and Rhode Island (4/25/2022)
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      "Safety Roundtable - Employer COVID Rules: How to Keep Up and What Comes Next," co-presented with Natale V. DiNatale and Jonathan H. Schaefer, sponsored by the Connecticut Construction Industries Association's Safety Committee (1/11/2022)
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      "As the Ball Drops: Key HR Considerations, including Connecticut’s New Employment Laws and a Special Update on I-9 Compliance for Remote Workplaces," co-presented with Britt-Marie K. Cole-Johnson, Lauren M. Sigg and Abby M. Warren, an R+C-hosted webinar (12/13/2021)
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      "Preparing for January 1, 2022 — Employer Compliance with Connecticut’s Paid Family and Medical Leave and Family and Medical Leave Laws," co-presented with Abby M. Warren and Britt-Marie K. Cole-Johnson, as an R+C-hosted webinar (11/12/2021)
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      "Special Briefing on OSHA’s Emergency Temporary Standard Mandating Vaccination for Employers with 100+ Employees," co-presented with Abby M. Warren and Britt-Marie K. Cole-Johnson (11/4/2021)
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      "Summer Brings Road Trips, Rest and Relaxed Rules: Updates on Federal, State and Local Guidance/Laws on Travel, Masks, and Social Distancing," co-presented with Britt-Marie K. Cole-Johnson and Abby M. Warren, hosted by the Connecticut Community Nonprofit Alliance (7/15/2021)

      "With Daffodils and April Showers Come Key HR Considerations: Top Questions Employers Are Asking During Spring 2021," co-presented with Abby M. Warren, Alisha N. Sullivan and Britt-Marie K. Cole-Johnson, an R+C-hosted webinar (4/22/2021)
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      "Ringing in 2021 & Maintaining a Happy and Healthy Workplace During the Pandemic," co-presented with Abby M. Warren and Britt-Marie K. Cole-Johnson (1/15/2021)
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      "The Next Chapter of COVID-19: How Employers Can Remain Vigilant About COVID-19 This Fall," co-presented with Britt-Marie K. Cole-Johnson and Abby M. Warren (11/12/2020)
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      "Getting Back To Work: Key Legal and Regulatory Considerations as your Employees get Back to the Office," co-presented with Britt-Marie K. Cole-Johnson and Abby M. Warren, during Stamford Innovation Week 2020. Robinson+Cole was pleased to sponsor this event. (9/24/2020)
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      "Back to School?…for Employers and HR!," co-presented with Britt-Marie K. Cole-Johnson and Abby M. Warren, a Robinson+Cole-hosted webinar. (8/25/2020)
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      "How Does HR Prepare for High Court’s Decision Interpreting Sex Discrimination?" co-presented with Abby M. Warren, at the Tri-State SHRM Conference. (8/11/2020)
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      "If I Could Turn Back Time... Getting Workplace Harassment Investigations Right," co-presented with Britt-Marie K. Cole-Johnson, at the Tri-State SHRM Conference. (8/10/2020)
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      "Getting Back To Work During COVID-19: Top Legal HR Considerations for Employers," co-presented with Britt-Marie K. Cole-Johnson and Abby M. Warren, which reviewed seven important questions many employers are asking when it comes to implementing a return-to-work-plan. (6/18/2020)
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      "A Deep Dive for HR Professionals Administering Leave Under the Families First Coronavirus Response Act: What Employers Need to Know," co-presented with Abby M. Warren and Britt-Marie K. Cole-Johnson, which offered a close look at the FFCRA and the various nuances employers should be aware of. (5/29/2020)
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      "Re-Opening Your Workplace During COVID-19: Top HR Considerations for Employers," co-presented with Britt-Marie K. Cole-Johnson and Abby M. Warren, as a webinar hosted by Robinson+Cole. (4/24/2020)
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      "COVID-19 Pandemic: The Workplace Now and in 30 Days," co-presented with Abby M. Warren and Britt-Marie K. Cole-Johnson, presented as part of the Clear Law Institute's "Meeting Unprecedented Challenges During the COVID-19 Pandemic 2.0" series. (4/2/2020)
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      "COVID-19 Pandemic: The Workplace Now and in 30 Days," co-presented with Abby M. Warren and Britt-Marie K. Cole-Johnson, presented to three online audiences in March 2020. (3/26/2020)
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      "Is There a Future for Non-Competes? A Discussion of Recent Trends at the State and Federal Level," presented at the Connecticut Bar Association's Labor and Employment Law Section virtual meeting (1/16/20)
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      "Sexual Harassment in the Workplace," presented at the monthly meeting of the New England Claim Executives Association (NECEA) (3/12/2019)
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      "Workplace Investigation Basics Seminar," co-presented with Britt-Marie K. Cole-Johnson, presented by the Association of Workplace Investigators (AWI) at Robinson+Cole's Boston office (5/10/2018)
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      "If I Could Turn Back Time...Getting Workplace Harassment Investigations Right," co-presented with Britt-Marie K. Cole-Johnson and Abby M. Warren, presented by the Human Resource Association of Central Connecticut (2/28/2018)
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      "Labor Grievance Processing," co-presenter for an American Arbitration Association program in Cromwell, Connecticut (11/30/2017)

    • News

      R+C in the News

      • November 29, 2023

        Robinson+Cole Lawyers Named to the Connecticut District Court’s 2023 Pro Bono Honor Roll

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      • August 2, 2022

        Robinson+Cole Presents Annual Awards for Outstanding Contributions

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      • January 5, 2022

        Business Transactions Team Represents Hydrofera, LLC in Sale to Essity

      • March 16, 2021

        Labor and Employment Members Author Industry Week Article on “The ABC’s of DEI”

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      • February 16, 2021

        Labor and Employment Members Author Law360 Article on Employer Best Practices for DEI

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      • May 28, 2019

        Firm Attorneys Host AWI New England Local Circle Meeting in Boston

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      • April 29, 2019

        Partner Rachel Kushel Quoted in CT Law Tribune “Lawyer-Moms Say Flexible Policies Are Key to Success”

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      • March 19, 2019

        Rachel Kushel Presents to Claim Executives on Sexual Harassment in the Workplace

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      • August 20, 2018

        52 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2019

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      • June 5, 2018

        Britt-Marie Cole-Johnson and Rachel Kushel Lead Association of Workplace Investigators Seminar

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      • March 13, 2018

        Britt-Marie Cole-Johnson, Rachel, Kushel, and Abby Warren Conduct Hypothetical Workplace Harassment Investigation, Role-Playing the Major Aspects of a Workplace Investigation

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      • December 13, 2017

        Rachel Kushel Co-presents on Labor Grievance Processing

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      R+C News Releases

      • October 26, 2023

        Robinson+Cole Lawyers Recognized in 2023 Super Lawyers®

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      • October 10, 2023

        Robinson+Cole Recognized in 2024 Edition of Benchmark Litigation

      • August 17, 2023

        78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

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      • October 11, 2022

        Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

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      • September 30, 2022

        Robinson+Cole Recognized by Benchmark Litigation

      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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      • October 14, 2021

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

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      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

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      • October 8, 2020

        Robinson+Cole Recognized in Benchmark Litigation

      • August 20, 2020

        61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

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      • November 18, 2019

        Robinson+Cole Receives the Diana Kleefeld Pro Bono Award from Connecticut Appleseed

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      • August 15, 2019

        57 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2020

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      • November 12, 2018

        Robinson+Cole Lawyers and Staff Named to CCADV’s First 100 Plus Class of 2018

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      • August 13, 2018

        Robinson+Cole Presents Annual Awards for Outstanding Contributions

      • December 11, 2017

        Robinson+Cole Elects New Partners

      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

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      • October 8, 2015

        Robinson+Cole Welcomes 10 New Lawyers

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    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "Employer-Mandated Disclosure of Wage Ranges and Expansion of Equal Pay Law Enacted in Connecticut" co-authored with Stephen W. Aronson, Abby M. Warren and Emily A. Zaklukiewicz (6/15/2021)

      "Employers and Diversity, Equity and Inclusion: Getting it Right in 2021" co-authored with Britt-Marie K. Cole-Johnson, Abby M. Warren and Kayla N. West (2/10/2021)

      "Clarity Comes to Compensation Data Collection: EEOC Guidance and Notices Issued for EEO-1 Filers" co-authored with Abby M. Warren and Britt-Marie K. Cole-Johnson (7/11/2019)

      "Major Shift in Connecticut’s Leave Landscape: What Employers Need to Know About the New Connecticut Paid Family and Medical Leave Law" co-authored with Britt-Marie K. Cole-Johnson, Alexander Friedman and Abby M. Warren (July 2019)