Brian McCracken concentrates his legal practice on employment litigation in the courts as well as administrative actions before governmental agencies at the federal, state, and local level. 

Brian counsels and represents employers on discrimination and retaliation claims under numerous employment laws, including the Fair Labor Standards Act, Family Medical Leave Act, Americans with Disabilities Act, Title VII, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). He also routinely represents clients in administrative actions before governmental agencies including the U.S. Equal Employment Opportunity Commission (EEOC), the South Carolina Human Affairs Commission, and the North Carolina Department of Labor.

Brian has represented various clients in the hospitality, restaurant, and higher education industries in response to employment actions as well as Americans with Disabilities Act (ADA) Title III accessibility claims. He has also represented regional and national healthcare clients in various labor relations and employment law matters. He regularly provides training to clients’ executive teams and front-line managers and has recently presented on various employment issues including workplace monitoring, social media concerns, harassment, and various forms of discrimination. 

Brian is also a Judge Advocate (JAG) in the U.S. Army Reserve, and has completed extensive military legal training. He is uniquely situated to help clients in the defense industry with all matters of labor and employment issues. 

Before FordHarrison, Brian started his legal career as a clerk for a national HR outsourcing company, where he worked with corporate counsel on projects related to human resources services. He has also clerked for a transnational logistics company based in Paris, France. Brian is a member of Phi Beta Kappa and currently serving on the Board of Directors for HALTER (Healing and Learning Through Equine Relationships) in Spartanburg. Whether a client is regionally, nationally, or internationally focused, Brian is uniquely suited to provide them with sound legal advice with practical business objectives in mind.

Representative Experience
  • Obtained dismissal in a Title VII race suit against a regional steel producer. 
  • Won summary judgment as co-counsel in a Title VII and Equal Pay Act suit against a regional healthcare partnership. 
  • Received no-cause findings for several EEOC discrimination and retaliation charges filed against a national hotel chain.
  • Obtained dismissal of an ADA disability claim filed against a North Carolina community college. 
  • Served as co-counsel in an ADA Title III accessibility claim against a seafood restaurant in Charleston, SC.
  • Prevailed on numerous charges of discrimination before the EEOC and the South Carolina Human Affairs Commission.