Emma Freeman is an experienced litigator whose broad practice encompasses civil rights, class action, and commercial matters in federal and state court as well as various state and federal agencies. Ms. Freeman has represented individuals and organizations in cases involving housing and employment discrimination, #MeToo and sexual assault, misconduct and excessive force by police and correctional officers, the abuse and wrongful death of children and persons with disabilities, wrongful convictions, First Amendment religious free exercise, and other constitutional questions at both the trial and appellate level. Her tailored, client-focused approach includes pre-suit investigation and negotiation as well as litigation aimed at obtaining both damages and injunctive relief from discriminatory or unlawful policies. Ms. Freeman’s commercial practice involves real estate and contract disputes, federal government loan recovery, the New York Not-For-Profit Corporation Law and Religious Corporations Law, Sarbanes-Oxley whistleblower retaliation, defamation suits, and arbitrations.
Prior to joining the Firm in 2017, Ms. Freeman clerked for the Hon. Raymond J. Lohier, Jr. of the Second Circuit Court of Appeals, the Hon. Patti B. Saris of the District of Massachusetts, and the Hon. Barbara A. Lenk of the Massachusetts Supreme Judicial Court. She previously worked with the Planned Parenthood Federation of America’s Public Policy Litigation and Law Department, the ACLU of Massachusetts, and a nationally-recognized police misconduct firm in Boston, Massachusetts.
Ms. Freeman received her B.A. from Yale University and graduated cum laude from Harvard Law School, where she served as an editor of the Harvard Civil Rights-Civil Liberties Law Review, as Co-President of the Harvard Society for the Separation of Church and State, and as Vice-President of the Board of Student Advisers. Ms. Freeman’s team won the Ames Moot Court Competition, and she received the George S. Leisure Award for Best Oralist.
- Secured a favorable injunctive settlement in class action challenging the New York City Police Department’s policy requiring the removal of all religious head coverings for mug shots. Clark, et al. v. City of New York, No. 18-cv-02334 (S.D.N.Y.).
- Secured a favorable settlement, including monetary and injunctive relief, on behalf of fair housing organization Westchester Residential Opportunities, Inc. and Jennifer Serrano, a Westchester County resident who experienced family status discrimination when attempting to purchase a co-op. Serrano, et al. v. Mamaroneck Gardens, et al., No. 17-cv-02111 (S.D.N.Y.).
- Secured favorable confidential settlement against foster care agency on behalf of minor children who were sexually and physically abused by their foster father. J.A. v. SCO Family of Services, No. 16-cv-5269 (E.D.N.Y); J.M. v. SCO Family of Services, No. 17-cv-306 (E.D.N.Y.).
- Secured a favorable confidential, pre-litigation settlement on behalf of an employee alleging pregnancy and gender discrimination with respect to her treatment by a well-known New York company.
- Secured $625,000 settlement on behalf of Jazmine Headley who was assaulted along with her young son by NYPD and New York Human Resources Administration (HRA) officers in 2018, leading to the passage of various remedial City Council bills. Headley v. City of New York, et al., No. 19-cv-04543 (E.D.N.Y).
- Currently represent woman-led sexual wellness company challenging the MTA’s unconstitutional advertising regulations. Dame Products v. MTA, et al., No. 19-cv-05649 (S.D.N.Y.).
- Currently represent students who endured severe racial bullying in Title VI lawsuit against the Mamaroneck Union Free School District. A.A., et al., v. Mamaroneck Union Free School District, et al., 7:20-cv-03849 (S.D.N.Y.).
- Currently represent parents and estate of thirteen-year old child who committed suicide due to the negligence of the Bedford Central School District. Doe v. Bedford Central School District, et al., No. 18-cv-11797 (S.D.N.Y.).
- Currently represent class action plaintiffs challenging the Yonkers Police Department’s removal of religious head coverings from inmates in custody. Malkawi v. City of Yonkers, No. 7:20-cv-02893 (S.D.N.Y.).
- Currently represent incarcerated client who was waterboarded and brutally beaten by correction officers at Auburn Correctional Facility. Raymond v. Mitchell, et al., No. 18-cv-01467 (N.D.N.Y.).
- Currently represent an imprisoned and wrongfully convicted client seeking a new trial arising from a murder that occurred in the 1990s in Tonawanda, New York.
- Represented Amica Curiae Sarah P. Chayes, an internationally-renowned scholar of kleptocratic regimes, in multiple ongoing lawsuits alleging violations of the Emoluments Clause by President Donald J. Trump. Citizens for Responsibility and Ethics in Washington v. Trump, No. 1:17-cv-00458 (S.D.N.Y.); The District of Columbia, et al. v. Trump, No. 17-cv-01596 (D. Md.).
“Giving Casey Its Bite Back: The Role of Rational Basis Review in Undue Burden Analysis,” 48 Harvard Civil Rights-Civil Liberties Law Review 279 (Spring 2013)
“In Defense of Danger Assessment,” Domestic Violence Report, Vol. 17 No. 3, February 2012
- ECBAWM Obtains Settlement Forcing NYPD to End Discriminatory “Hijab Removal” Policy
- Federal Court Rejects Motion to Dismiss ECBAWM’s Religious Head Covering Class Action Against the City of New York
- The Journal News Features ECBAWM’s Mamaroneck Race Discrimination Lawsuit
- Westchester Students File Civil Rights Lawsuit Against Mamaroneck Union Free School District For Failing to Address Egregious Racial Harassment
- ECBAWM Client Files Religious Head Covering Class Action Against Yonkers
Harvard Law School, J.D., cum laude, 2013
Vice-President, Board of Student Advisors
George S. Leisure Award for Best Oralist
Yale University, B.A., 2009