Successfully Defending Clients Wrongfully Accused of Sexual Harassment and Retaliation
Epstein Becker Green recently achieved a significant victory on behalf of two clients—a communications company and its corporate parent—in a matter that was filed in a federal court in New York by a former employee of the communications agency. The plaintiff alleged that she was sexually assaulted at a vendor-sponsored after-work event by an employee of the one of the communication company’s clients. The plaintiff asserted various claims against her employer and its parent company, her employer’s client, and the individual that she alleged harassed her, including claims for sexual harassment and retaliation under federal, state, and city laws. Epstein Becker Green moved for summary judgment on all claims, and the court granted the motion in its entirety.
The court dismissed the sexual harassment claim, finding that despite the manager’s failure to immediately report the complaint, the communications company took appropriate and timely remedial action in response to the plaintiff’s harassment complaint. The court repeatedly focused on the plaintiff’s deposition testimony, where she said she did not think that HR could have done anything better or faster in response to her complaint. Additionally, the court dismissed the plaintiff’s retaliation claim, finding no adverse action and no causal connection between her protected activity and the alleged adverse conduct.
The Epstein Becker Green team included Ronald M. Green, Lauren Malanga Casey, and Maxine Adams.
Epstein Becker Green Attorneys Obtain Swift Jury Verdict Victory in Advertising Industry Race Discrimination Suit
On June 5, 2013, Epstein Becker Green attorneys obtained a swift jury verdict in favor of a client in the advertising industry, in a race discrimination lawsuit filed in the U.S. District Court for the Southern District of New York. The plaintiff, a Trinidadian employee, sued the company for $50 million, claiming, among other things, that she wasn't promoted to the position of executive assistant to the general counsel because of her race.
The company argued that the plaintiff was treated in a professional and respectful manner during her 18-year employment at the company. Also, the company pointed out that the plaintiff never raised the race discrimination issue to her supervisors before filing her lawsuit and wasn't as qualified as another candidate for the position of executive assistant to the general counsel.
Although the case lasted approximately two years and the trial took three days, a jury verdict came after 11 minutes of deliberation. The jury determined that the plaintiff's claims completely lacked merit.
The company was represented by Epstein Becker Green attorneys Ronald M. Green, Lauren Malanga Casey, and Ian G. Nanos.
Epstein Becker Green Successfully Represents One of World’s Premier Law Firms in Discrimination and Retaliation Lawsuit
In September 2016, Epstein Becker Green attorneys obtained a decisive victory for one of the world’s top law firms in a race discrimination, national origin discrimination and retaliation lawsuit filed in federal district court in Brooklyn, New York. The plaintiff, a Hispanic employee, had sued the law firm, claiming that the firm (i) paid higher wages to white employees than Hispanic employees in its Business Development Department, (ii) promoted only white employees to managerial positions in the department, and (iii) gave her an unfavorable performance review and a lower raise than usual because she had filed a discrimination charge with the Equal Employment Opportunity Commission (“EEOC”).
In its summary judgment motion, Epstein Becker Green, on behalf of the law firm, argued that the plaintiff failed to produce sufficient evidence to prove any aspect of her case and thus the court should dismiss the case prior to trial. The court agreed and granted summary judgment for the firm.
The court specifically ruled that the plaintiff:
- could not show discrimination by comparing her compensation to the compensation of white managers in the department because those managers were not similarly situated to her;
- did not introduce evidence showing that she was more qualified for promotion than the white co-worker who received the promotion, and, thus, the firm’s judgment in promoting the co-worker over the plaintiff would not be second-guessed by the court;
- had not demonstrated that the firm should have upgraded her position to the management level because the jobs and responsibilities of the white employees who were promoted to manager were not similar to her job and responsibilities; and
- failed to establish the legally required linkage between her EEOC charge and the subsequent unfavorable review and smaller raise because she had testified during her deposition that she expected the unfavorable review before she filed her EEOC charge, and the smaller raise was a consequence of the unfavorable review.
The Epstein Becker Green team representing the defendant included Barry Asen and Lauren Malanga Casey.