Posts in Category ‘Employment Discrimination’

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ECBAWM Partner Zoe Salzman Quoted on Pay Transparency in Law360 Article

While new pay transparency laws may help women and people of color negotiate for better salaries, said ECBAWM partner Zoe Salzman, they’re unlikely to solve issues of salary inequity overnight. Salzman, an experienced employment discrimination and civil rights lawyer, was quoted in the recent Law360.com article “Will Pay Transparency Laws Make Salary Negotiations Fairer?” about the potential impact of pay transparency laws on hiring biases.

“I don’t think that that information alone is enough to combat all the difficulties women and women of color in particular face in negotiating for fair compensation,” said Salzman. “We know there are a ton of social and historical biases against women who negotiate aggressively. And those I don’t think are removed completely with pay transparency laws, but I think there’s no question it will help.”

Salzman also noted that how salary negotiations are conducted can reinforce biases and trigger unfair results. “A woman who has high standards is demanding; a man who has high standards is a good manager,” said Salzman. “A woman who aggressively negotiates is difficult; a man who aggressively negotiates is effective. Unfortunately, at least anecdotally, in my own practice, that’s still all too common.”

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ECBAWM Sues Real Estate Developer Over Holocaust Denial Comments

ECBAWM filed suit today on behalf of Alison Greene. The complaint alleges that Ms. Greene was the victim of anti-Semitic and gender discrimination at the hands of her prior employer, the real estate developer El Ad Group. According to the complaint, El Ad Executive Vice President William “Bill” Harvey, made Holocaust denial comments, saying the concentration camps were not “that big a deal” and “the Holocaust wasn’t as bad as people said it was.” The complaint explains that Ms. Greene, who is Jewish and was very upset by these remarks, complained to El Ad’s legal and human resources departments, but El Ad did nothing and an El Ad human resources employee actually laughed at Ms. Greene when she reported her distress at these remarks. The complaint further alleges that El Ad also tolerated rampant sexism and gender discrimination against Ms. Greene and other female employees. “No company should tolerate anti-Semitism and Holocaust denials in New York City in 2020, especially not one with El Ad’s Israeli origins,” said ECBAWM partner Zoe Salzman.

ECBAWM Partner Zoe Salzman represents Alison Greene.

“Exec at Israeli-owned company said holocaust ‘wasn’t as bad as people said’: lawsuit,” New York Post

 

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Black Intelligence Detectives Settle Bias Suit for $974,000

ECBAWM settled a suit on behalf of three Black detectives who were denied promotions within the elite Intelligence Division of the NYPD. The City will pay $700,000 in damages to the detectives, as well as $374,000 in attorneys’ fees. For well over a decade, the Intelligence Division maintained a subjective promotions policy, administered by white supervisors, who refused to promote deserving Black detectives. The three detectives joined the Intelligence Division in 2001 and assisted with the cleanup and investigation of the September 11 attacks. They tracked hundreds of leads and suspects. In spite of their achievements and strong recommendations from their direct supervisors, they were repeatedly passed up for promotion because of their race.

The settlement was reported in numerous papers, including the New York Daily News. The detectives’ experiences were also covered in an article on the New York Times’ front page, which led to a New York Times editorial. ABC, Spectrum NY1, the New York Daily News, and the New York Post also previously covered the case.

Key case documents:
Federal complaint
EEOC charge
EEOC Finding of Probable Cause of Discrimination
U.S. Department of Justice Right to Sue letter

ECBAWM’s Elizabeth Saylor, Earl Ward, Jessica Clarke, and Doug Lieb, along with Chris Dunn with the NYCLU, represent Sara Coleman, the widow of Detective Theodore Coleman, and Detectives Jon McCollum and Roland Stephens.

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ECBAWM Partner Zoe Salzman Gives Tips for Victims of Employment Discrimination

Zoe Salzman, a partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP who specializes in sexual harassment and employment discrimination, was recently interviewed by Super Lawyers magazine.

The article gives tips for what to do if you feel you have been harassed or discriminated against at work. Ms. Salzman said: “Calling a lawyer as soon as it happened is going to give you the best understanding of whether you were wronged and, if you were, what your options are.”

Ms. Salzman was named as a Super Lawyers Rising Star in 2018.

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ECBAWM and A Better Balance Client Successfully Resolve Her Gender Discrimination Claim Against MOMA PS1

Nikki Columbus, who sued MoMA PS1 in the New York City Human Rights Commission for revoking her job offer after learning she had just had a baby, settled her claims with PS1, in an agreement requiring PS1 to pay Ms. Columbus a financial award and to update its written policies to protect women and caregivers. “What happened to me was wrong and clearly against the law,” Ms. Columbus said in a statement. “I decided to speak out in order to protect other women at MoMA PS1 and beyond.”

“Curator Says MoMA PS1 Wanted Her, Until She Had a Baby,” New York Times
“MoMA PS1 Settles With Curator Who Said Giving Birth Cost Her Job Offer,” New York Times
“The Art World Is Considered a Progressive Place, But It Has a Big Blind Spot: Supporting Working Mothers,” ArtNet

Ms. Columbus was represented by A Better Balance and ECBAWM lawyers Elizabeth Saylor, Katherine Rosenfeld, Andrew Wilson, and Ali Frick.

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MoMA PS1 Refuses to Hire Curator After Learning She Recently Had a Baby

On July 5, 2018, ECBAWM filed a complaint with the New York City Human Rights Commission alleging that MoMA PS1 refused to hire a curator after learning she had recently had a baby. Over a period of several months, Peter Eleey and Klaus Biesenbach, Chief Curator and Director, respectively, of PS1 recruited Nikki Columbus to join PS1 as associate curator of performance. After several discussions about the job, they officially offered her the position. But when Ms. Columbus mentioned that she had recently had a baby, Eleey immediately demanded to know why she hadn’t said earlier that she was pregnant. Shortly thereafter, PS1 rescinded the job offer. Represented by ECBAWM attorneys Elizabeth Saylor and Ali Frick, Ms. Columbus filed a complaint claiming that PS1’s conduct amounted to discrimination on the basis of her status as a caregiver, her gender, and her pregnancy. “This is the thing about discrimination,” Ms. Columbus told the New York Times. “And coming into this from a privileged position — you don’t think it’s going to happen to you.”

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ECBAWM Attorney Testifies at NYC Commission on Human Rights Hearing on Sexual Harassment in the Workplace

On December 6, 2017, ECBAWM attorney Alanna Kaufman testified at the New York City Commission on Human Rights Hearing on Sexual Harassment in the Workplace. In her testimony, she urged the Commission to continue to “create legal forums where women feel comfortable and safe coming forward” in instances of harassment and discrimination. Alanna described the harrowing experience of ECBAWM client LaDonna Powell, a victim of workplace sexual harassment and gender discrimination at Allied Security Services at John F. Kennedy International Airport. Alanna further explained: “What happened to LaDonna is the same thing that happens to countless women every day in industries that are not bathed in media light.”

LaDonna Powell’s federal discrimination and sexual harassment complaint

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ECBAWM Files New Sexual Harassment Case in New York City Commission on Human Rights

ECBAWM filed a sexual harassment complaint with the New York City Commission on Human Rights today on behalf of a woman named Veronica McILraith against her employer, the legal recruiting firm Wegman Partners LLC, as well as the firm’s CEO Colby Wegman and Chairman of Partner Recruiting, Scott Legg.

According to the complaint, Ms. McILraith was “subjected to an astounding barrage of groping and sexually explicit and derogatory comments, texts, emails, and signs by her boss.” When she complained, the company sided with the harasser, cut Ms. McILraith’s commissions, and forced her out.

Ms. McILraith filed suit in the New York City Commission on Human Rights notwithstanding Wegman’s attempt to force her into arbitration. The Commission is a powerful body that investigates complaints of discrimination and harassment in New York City. It can award individual damages and attorneys’ fees to the victims just like a court.

“No woman should have to experience this sort of disgusting sexual harassment at work,” said ECBAWM partner Zoe Salzman, Ms. McILraith’s attorney. “Ms. McILraith is standing up and saying this sort of behavior has to stop. Other women are standing up. And more will follow.”

“Exec is accused of violating every HR policy ever,” The New York Post
“Legal Recruiter Alleges ‘Barrage’ of Sexual Harassment in New Complaint,” The New York Law Journal

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Former Security Supervisor at JFK Sues for Sexual Harassment and Discrimination

On October 10, 2017, ECBAWM filed a federal discrimination and sexual harassment complaint on behalf of LaDonna Powell, a 32-year-old black woman formerly employed as a supervisor for Allied Universal Security Services (Allied) at John F. Kennedy International Airport (JFK). Allied, one of the nation’s largest security firms, contracts with the Port Authority of New York and New Jersey to provide security services at JFK.

The lawsuit alleges that, during her four-year employment at Allied, Powell was the victim of a workplace culture dominated by sex, harassment, and abuse of female and black employees. It alleges that Powell was forced to watch live and recorded videos of her colleagues engaging in sex acts, solicited by her supervisors for sex, and subjected to countless incidents of lewd comments and inappropriate touching. It further alleges that Powell reported the conduct to Allied supervisors and managers, who fired her in response to her complaints.

“This was not an isolated incident of workplace harassment,” said Elizabeth Saylor, a partner at ECBAWM and counsel for Powell. “This was a campaign of harassment, discrimination, and retaliation led by Allied’s top management at JFK. And Ms. Powell was not the only victim—we’ve spoken to multiple women who say they’ve experienced the same hazing and abuse.”

Although Powell’s complaints were disregarded by Allied at the time, she hopes that her lawsuit will motivate the company to make necessary changes to its discriminatory workplace culture.

ECBA’s Elizabeth Saylor and Alanna Kaufman represent the plaintiff.

NBC’s I-Team covered the case on October 10, 2017.
“JFK Airport guard forced to watch colleagues have sex on security cameras: suit,” New York Daily News
Complaint
Press Release

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Black Intelligence Detectives Bring Federal Suit Over Bias in NYPD Promotions

The law firm of Emery Celli Brinckerhoff Abady Ward & Maazel LLP (ECBAWM) and the New York Civil Liberties Union today filed a federal class-action lawsuit on behalf of Black detectives who were denied promotions for years within the elite Intelligence Division of the NYPD. For well over a decade the division has maintained a subjective promotions policy, administered by white supervisors, who refuse to promote deserving Black detectives.

“Minority communities have for decades distrusted the NYPD, and for good reason,” said Elizabeth Saylor, a partner at ECBAWM and lead counsel for the plaintiffs. “Pervasive discrimination against Black detectives only deepens that distrust. The NYPD’s discriminatory culture needs to change.”

The lead plaintiffs in the case are Jon McCollum and Roland Stephens, as well as Sara Coleman, widow of Theodore Coleman. The three detectives each joined the Intelligence Division in 2001 and assisted with the cleanup and investigation of the September 11 attacks. They tracked hundreds of leads and suspects. In spite of their achievements and strong recommendations from their direct supervisors, they were repeatedly passed up for promotion because of their race.

Read the EEOC charge here,  and the EEOC finding here. Also, read the DOJ Right to Sue letter here, the federal complaint here, and a press release here.

To read recent coverage of these detectives’ experiences in NYPD Intel:
“Black Detectives in New York Were Bypassed for Promotions, Panel Finds,” New York Times
“Discrimination Inside the N.Y.P.D.,” New York Times
“Black intelligence detectives suing NYPD over alleged promotions bias,” WABC TV
“Detectives sue NYPD, say they weren’t promoted because they’re black,” Spectrum NY1
“Black detectives sue NYPD for alleged racial discrimination,” New York Daily News
“Black NYPD detectives claim race kept them from being promoted,” New York Post

In August 2018, Elizabeth Saylor was quoted in the New York Daily News discussing this case and new allegations of racial discrimination in the NYPD Intelligence Division.

ECBAWM’s Elizabeth Saylor, Earl Ward, and Jessica Clarke, along with Chris Dunn with the NYCLU, represent Sara Coleman, the widow of Detective Theodore Coleman, and Detectives Jon McCollum and Roland Stephens.

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