Our practice areas include, but not limited to the following:

• Personal Injuries
• Medical Malpractice
• Defective Product Liability
• Discrimination/Sexual Harassment
• Wrongful death
• Bankruptcy
• Commercial & Business Law
• Matrimonial Law
• Estate Planning

DISCRIMINATION & SEXUAL
HARASSMENT

What is Employment Discrimination?

Several laws on employment discrimination seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of statutes. The United States Constitution and New York State constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.

Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state statutes. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. The prohibited practices are nearly identical to those outlined in Title 7. An employee is protected from discrimination based on age if he or she is over 40. The ADEA contains explicit guidelines for benefit, pension and retirement plans.

State statutes also provide extensive protection from employment discrimination. Some laws extend similar protection as provided by the federal acts to employers who are not covered by those statutes. Other statutes provide protection to groups not covered by the federal acts. A number of state statutes provide protection for individuals who are performing civil or family duties outside of their normal employment.

Sexual Harassment?

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment is a form of discrimination based on one's sex.

There are two types of sexual harassment:

1. Quid pro quo - "something for something"
2. Hostile work environment - unwanted sexual behavior

Unwanted sexual behavior constitutes unwanted sexual advances and touching, sexual comments, including jokes, sexually suggestive material and/or objects. Generally, such behavior must be repeated to constitute a hostile environment.

Generally, for an employer to be liable for sexual harassment, the employer must have actual or constructive knowledge of the harassment, and a failure by the employer to take remedial action to correct it. Additionally, an employer must provide to an employee a reasonable avenue of redress to complain about potential harassment. Recently, a case in New York held that the Plaintiff experienced a hostile work environment as she was exposed to sexual harassment due to the fact that it was happening to others around her, and she complained about it to her supervisor, although she herself was not "sexually harassed."

However, a potential plaintiff must not unreasonably fail to utilize such corrective and preventive opportunities provided by the employer. Thus the individual must complain to a person of authority, or follow the proper avenue of redress which was communicated to the potential plaintiff from her employer. It is possible that an avenue of redress which was communicated to the employee may be "unreasonable," whereby an employee may, for example, have to complain to the supervisor who was the individual [the perpetrator] responsible for such employee's harassment. Under such set of facts, the employee would not have a reasonable avenue of redress, and thus the employer may be strictly liable for its negligence in failing to provide what is now required by the applicable civil laws. Thus, if one believes that she has been sexually harassed, she or he must complain about it to a supervisor or to an individual in human resources (if such a department exists), and for the employer not to be liable for such alleged harassment, the employer must properly investigate the claim, and attempt to correct it.

How to fight Sexual Harassment?

The American Association of University Women Legal Advocacy Fund offers 10 tips on what to do if you experience sex discrimination at college:

1. Seek help. Talk to your guidance counselor, women's center or college dean, and ask about the grievance procedures at your university.
2. Put it in writing. Keep a record of what has happened, including dates, times, and places.
3. Do your homework. For more information on your rights, call the Equal Employment Opportunity Commission hot line at 1-800-669-4000.
4. Avoid loose lips. While the desire to talk about your case is understandable, be careful what you say. The threat of a countersuit for defamation is real and could be costly.
5. Get legal advice. Talk to an attorney who has specific experience with sex discrimination in the academic environment.
6. Act quickly. There is a statute of limitations on filing complaints, so seek legal advice as soon as possible.
7. Going to court can be expensive. Talk to an attorney or accountant about the financial considerations of a lawsuit.
8. Visit your doctor. You may experience a physical or emotional toll that should be addressed and documented.
9. Prepare for the long haul. Filing a discrimination or harassment lawsuit can take a long time, but others have succeeded in fighting discrimination, and you can, too.
10. Find a support network. The American Association of University women Legal Advocacy Fund can connect you with women who have gone through similar experiences.

Age Discrimination Act?

It is unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age. The most important aspect of the ADEA, is knowing who is protected under it. A 39 year old individual who is informed that he is being terminated because of his age, is not protected pursuant to the federal law. The law only applies to individuals that are over 39. The law protects individuals over 39 years old, that suffer an adverse employment action [discharge, demotion, etc.], so long as such adverse action occurred, because of such individual's age. A critical question before the United States Supreme Court, was whether or not a protected individual, who is terminated and replaced by a younger protected individual, retains the right to proceed under the ADEA. The Supreme Court held that he/she could.

WRONGFUL DEATH

What is wrongful death?

Wrongful Death refers to situations when a person dies due to the negligence of another. Wrongful death cases may arise in a number of different contexts, including car accidents, constructions site accidents, and medical malpractice. The goal of a wrongful death case is to compensate the survivor and beneficiaries for their loss. The following types of damages are considered in a wrongful death case.

1. Sorrow, mental anguish which includes loss of companionship, comfort and guidance;
2. The expected loss in income of the person who died;
3. The expected loss of services, protection, care, and/or assistance which the person Which died provided to the survivors/beneficiaries;
4. Expenses for the care, treatment, and hospitalization of the person who died related to the injury resulting to death.In times of grief it is obviously difficult for family members to understand the importance of a prompt investigation of the circumstances of death, preservation of evidence and identification of responsible parties.

When to file a wrongful death action?

Each state has its own "Statute of Limitations" which defines the time frame during which a lawsuit must be filed. The time usually runs from the time of the victim's death, although some states may allow a lawsuit to proceed if the act which caused the death was not discovered until later (for example, the spouse of the victim does not discover until the following year that the victim's death was caused by the negligence of the treating doctor. In this case, the time frame to file a lawsuit may run from the date the spouse discovered the treating doctor's negligence, rather than the date of the victim's death).

Even a valid claim, may be denied if it is filed after the statute of limitation has run. If you believe that you may have a valid claim for wrongful death, it is important that you speak with a qualified attorney at your earliest opportunity to preserve your rights. In addition to protecting your claim in court, early action may also help to preserve evidence, or locate witnesses, that you may need to win your case.

Who can file a wrongful death case? Generally immediate family members (i.e. spouses, children and parents) can pursue a wrongful death claim (although minors until 18 years of age may require a "guardian ad litem" to represent their interests in court). In addition, some states may also extend the potential group of plaintiffs to grandparents, legal dependents, or members of the extended family.

Elements of a wrongful death case

Generally, the death was caused, in whole or part, by the conduct of defendant the defendant was negligent, or strictly liable, for victim's death there is a surviving spouse, children, beneficiaries or dependents and monetary damages have resulted from the victim's death.

Damages recoverable in a Wrongful Death cases

• Immediate expenses associated with the death (medical & funeral):
• Loss of victim's anticipated earnings in the future until time of retirement or death;
• Loss of benefits caused by the victim's death (pension, medical coverage, etc.);
• Loss of inheritance caused by the untimely death;
• Pain and suffering, or mental anguish to the survivors;
• Loss of care, protection, companionship to the survivors;
• General damages;
• Punitive damages.