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Frank A. Chernak
Philadelphia Office

1735 Market Street
21st Floor
Philadelphia, PA 19103-7505

P: 215-772-7363
F: 215-731-3688

Biography

Frank A. Chernak is a partner in Montgomery McCracken’s Litigation Department, Chair of the firm’s Labor and Employment Practice Group, and a member of the firm’s Management Committee.

In October 2019, The Philadelphia Business Journal selected Frank to its Best of the Bar: Philadelphia’s Top Lawyers list for Employment Litigation. In 2019, Frank tried cases to verdict in federal courts in Baltimore, Md. (a “Me Too” sexual harassment case), Philadelphia, Pa. (a criminal records class action trial), and Chicago, Ill. (a race, age, disability discrimination and retaliation case). Frank’s practice focuses on defending employers and municipalities in 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 and trains clients on all employment and civil rights matters, including compliance with ADA, FMLA, FLSA, and EEO laws, hiring and firing practices, harassment investigations, and non-compete litigation.

In March 2020, Frank was inducted into the American College of Trial Lawyers.  Founded in 1950, the College is composed of the best of the trial bar from United States, Canada, and Puerto Rico.  Fellowship in the College is extended by invitation only and only after careful investigation to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality.  Membership in the College cannot exceed one percent of the total lawyer population of any state or province.

Selected Representations

  • Successfully defended employers and litigants in federal and state PA, IL, MD, and NJ court jury trials in civil assault, sex harassment, race discrimination, age discrimination, reverse-gender discrimination, national origin, harassment, Americans with Disabilities Act discrimination, whistleblower, and retaliation cases
  • 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 defended municipalities and private companies in employment or constitutional deprivation cases through discovery and the granting of summary judgment
  • 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

Pro Bono Experience

  • Frank worked on a nationwide Clemency 2014 program and successfully reduced criminal sentences for two federal inmates. He also provides pro bono work for various veteran organizations.

Selected Publications

Selected Speaking Engagements

  • “Working Towards a Harassment and Discrimination Free Workplace,” presented to the Board of Directors of a private organization, November 19, 2019
  • “Working Towards a Harassment and Discrimination Free Workplace,” presented to entire workforce of a private company, October 2, 2019
  • Speaker, “Jury Trial Persuasion,” presented to a select group of lawyers, September 2019
  • “Working Towards a Harassment and Discrimination Free Workplace,” presented to entire workforce of a private organization, March 25, 2019
  • “Sexual Harassment and Respectful Behavior Training,” presented to C-suite of a private company, May 23, 2018
  • Implications and Handling of Sexual Harassment Complaints,” presented to SEPA SHRM chapter, January 16, 2018
  • “Conducting Investigations and Documenting Workplace Issues, and Litigation,” Montgomery McCracken’s 2017 Fall Forum for Colleges and Universities, Philadelphia, Pa., October 27, 2017
  • “HR Lessons Learned from Litigation” presented to a private corporation, March 30, 2017
  • “Managing Attendance: How HR’s Action and Inaction can Impact Employment Litigation” presented to a local SHRM chapter, January 17, 2017
  • “Management Training Program: Hiring, Firing, and Everything In Between, presented to a local government workforce, May 11, 2016
  • “Equal Employment Opportunity Management Training Program” presented to private management individual from a private corporation, April 28, 2016
  • “HR Lessons Learned from Litigation” presented to a group of 300 managers and HR professionals, March 17, 2016

Community Involvement

  • Parent volunteer, Springside Chestnut Hill Academy New Parents’ dinner
  • Board member and secretary, Sunnybrook Golf Club

Honors & Awards

  • Martindale-Hubbell “AV” rated
  • Philadelphia Business Journal‘s 2019 Best of the Bar: Philadelphia’s Top Lawyers
    • Employment Litigation
  • Pennsylvania Super Lawyers (2009, 2011-2020)
    • Defense of employment litigation

Frank served on active duty and in the U.S. Air Force Reserves where he was promoted to the rank of lieutenant colonel. He flew more than 10,000 hours in a C-130 as a navigator for units in Arkansas and Pennsylvania. He served on active duty on the Arabian Peninsula during Desert Storm, flying 47 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.

Professional Activities & Achievements

  • Philadelphia Bar Association Federal Courts Committee
  • University of Pennsylvania Inn of Court, Master

Academic Achievements

Frank received his J.D., cum laude, from Temple University James E. Beasley School of Law, his M.S. from the University of Arkansas, and his B.S. from the State University of New York at Cortland.