Beranbaum Menken LLP has broad experience in the numerous areas of employment law, including severance negotiations, executive compensation, discrimination, harassment and whistleblowing.
WHISTLEBLOWING AND RETALIATION:
Beranbaum Menken has experience bringing qui tam suits and securing favorable outcomes for whistleblowers, including a $5.7 million award for a client who blew the lid on off-label marketing of pharmaceuticals and a $3.4 million reward for a client who blew the whistle on Medicaid fraud. We can help you navigate the often labyrinthine qui tam and false claims act laws. We help our clients expose corruption and misconduct, and protect our clientsâ rights to be rewarded for their bravery.
AGE DISCRIMINATION: Beranbaum Menken has been representing older workers victimized by age bias. The firm recently successfully resolved a collective action age discrimination lawsuit on behalf of 11 workers in their 40's to 60's who were wrongfully terminated because of their age. In another case, we are suing JPMorgan Chase for keeping out a 58-year old worker from a management training program because of his age and then firing him when he complained of discrimination. In McNulty v. Dept. of Finance, 941 F.Supp. 452 (S.D.N.Y. 2996), the firm successfully represented a 60-year old Director of Personnel who was laid off by City and then not rehired.
DISABILITY DISCRIMINATION: Beranbaum Menken LLP zealously represents individuals protected by the ADA. We have achieved jury verdicts on behalf of a social worker denied a promotion while recovering from cancer and a salesman fired after suffering a heart attack. We have won significant settlements on behalf of an individual suffering from PTSD after being the victim of a crime, an individual whoÃ¢ÂÂs physical disability became totally debilitating due to his employerÃ¢ÂÂs refused to accommodate him, an individual who was subjected to a hostile work environment by his coworkers because of his minor mental impairment, and an individual who lost his job as a result of his employerÃ¢ÂÂs refusal to accommodate his major depression. We have also succeeded in getting a major airline, JetBlue, to change its long term disability policy, which had previously automatically terminated employees returning from long term disability leave, rather than assessing whether the employee was able to return to work with a reasonable accommodation.
Beranbaum Menken also litigated the first case in the Second Circuit to explicitly hold that the New York State Human Rights Law defines "ÂÂdisabilityÃ¢"Â more liberally than the ADA. We also litigated the first case within the Second Circuit to address discrimination based on "ÂÂassociations"Â, i.e. relationships with disabled individuals. The case involved a corporate employee who was fired from her job because she gave birth to a child with serious medical needs.
SEX AND PREGNANCY DISCRIMINATION:
Beranbaum Menken LLP has achieved notable victories representing women in sex and pregnancy discrimination cases. These include Tse v. UBS Financial Services, Inc., 568 F.Supp.2d 274 (S.D.N.Y.), a $3.5 million jury verdict against an investment bank on behalf of a female stock broker, ultimately remitted to six figures by the district court.In another case, International Healthcare, Inc. v. Global Health Care Exchange, LLC, 470 F.Supp.2d 345 (S.D.N.Y. 2007), the firm was able to defeat summary judgment by showing that a reasonable jury could find that a female executive, who was assigned menial tasks and sexually stereotyped as âa girlâ despite having a law degree and substantial business experience, was discriminated against. In another case, Brennan v. City of White Plains, 67 F.Supp.2d 362 (S.D.N.Y. 1999), brought by the firm, the client was a long-time administrative assistant to the Commissioner of Public Affairs, who asserted that she was discriminated against when the City did not even consider her for a vacant Deputy Commissioner position, although she was already doing many of the positionâs job duties. Here, too, the plaintiff was successful in prosecuting the clientâs discrimination and retaliation claims.
Pregnancy discrimination is also a form of gender discrimination. When employers assume that a pregnant woman will give up on her career or isnât as committed as other employees, that employer is engaging in illegal sex discrimination. Similarly, when employers assumes that mothers arenât dedicated to their jobs or wonât be able to make the time commitments the job requires, they are also engaging in sex discrimination. Beranbaum Menken llp is currently suing in federal court a major accounting firm for firing a junior level accountant after she announced that she was pregnant, despite the fact that 9 months before, she had received the largest raise of her class.
RACE DISCRIMINATION: Beranbaum Menken LLP has a deep commitment to combating race discrimination in the workplace. Among the many race discrimination claims we have litigated was one, Kim v. Dial Services Int'l, Inc., 159 F.3d 1347, cert. denied, 525 U.S. 1140 (1999), aff'g, 1997 WL 458783 (S.D.N.Y. 1997), in which we obtained a $1.7 million do