Institute for Integrative Nutrition Discrimination Suit
On February 25, 2013, Vladeck, Waldman, Elias & Engelhard, P.C., filed a federal class action complaint against the Institute for Integrative Nutrition and its founder Joshua Rosenthal on behalf of three of women. The suit accuses the Company of engaging in a pattern and practice of discriminating against female employees on the basis of sex, pregnancy and marital status, and retaliating against those employees who complain about discrimination, in violation of the New York City Administrative Code. The suit also accuses defendants of violating the leave rights of female employees under the Family and Medical Leave Act . The case, Stoler v. Institute for Integrative Nutrition, No. 13 civ. 1275, is pending before United States District Court Judge Robert W. Sweet. Anyone who wishes to report his or her experiences should contact Partners Valdi Licul (firstname.lastname@example.org) or Rebecca Osborne (email@example.com) by email or call (212) 403-7300.
For more information, please download the complaint.
Congratulations to Jeremiah Iadevaia and Susan J. Walsh. Vladeck, Waldman, Elias and Engelhard, P.C. is pleased to announce Jeremiah and Susan are now partners in the firm.
Susan J. Walsh
Susan J. Walsh has seventeen years of trial and appellate experience as a criminal defense attorney, defending clients in security fraud allegations, racketeering, money-laundering, murder, narcotics, larceny, DWI and corruption charges. For the past 6 years and particularly since joining Vladeck Waldman in 2011 as counsel, Susan has expanded her practice to include employment law, utilizing her trial skills and her ability to resolve complex disputes in employment negotiations and employment discrimination cases. Susan earned her law degree from George Washington University School of law and was honored as a 2012 "Super Lawyer". Susan has been an adjunct professor of law in advance criminal trial advocacy at the New York Law School since 2005.
Jeremiah Iadevaia joined Vladeck in 2007. In this time he has earned a reputation among our clients for providing strategic counsel and staunchly defending their employment rights. Jeremiah has advised and litigated on behalf of plaintiffs in all areas of employment law, including race, gender and age discrimination, sexual harassment, retaliation, breach of contract, and wage and hour violations. Prior to joining Vladeck Waldman, Jeremiah clerked for the Honorable Debra Freeman in the Southern District of New York. Jeremiah is a 2006 graduate of Northeastern University Law School.
9/11 Survivor Can Proceed with Discrimination Claim
The firm successfully defended a motion to dismiss the disability discrimination and retaliation claims of a 9/11 survivor who suffers from Post Traumatic Stress Disorder. Plaintiff Bruce Goonan was forced to end his twenty-five year career at the NY Fed when the NY Fed refused to provide him with reasonable accommodations for his disability in violation of federal, state, and city anti-discrimination laws. On January 9, 2013, United States District Court Judge Oetken for the Southern District of New York denied the NY Fed's motion to dismiss the case. In a lengthy opinion, Judge Oetken rejected the NY Fed's arguments that it had offered plaintiff reasonable accommodations, and that plaintiff's state and city laws were preempted by a federal law granting banks the power to dismiss at pleasure its employees. Judge Oetken determined that there was no evidence that Congress intended the 1913 banking law, upon which the NY Fed relied, to give Federal Reserve Banks unlimited discretion in its employment practices, even as against later-enacted anti-discrimination laws. Goonan v. Federal Reserve Bank of New York, 12 Civ. 3859 (S.D.N.Y.).
Major Victory for Workers
The firm, in collaboration with Brandworkers International, represents a class of drivers and helpers at Beverage Plus who were not paid the full wages owed to them. On September 25, 2012, the U.S. District Court found that the failure to pay wages was intentional and awarded almost $1.3 million in damages, including compensatory and punitive damages for retaliation against the lead plaintiff, as well as attorneys' fees. Merino v. Beverage Plus America Corp., 10 Civ. 0706 (S.D.N.Y.)
Metro One Race Discrimination Suit
A former field manager at Metro One Loss Prevention Services Group, a national security company that provides security guards for retail locations, has brought a federal lawsuit claiming that Metro One denied him promotions and advancement, and ultimately fired him, based on his race. Plaintiff also alleges that Metro One retaliated against plaintiff Kereth Powell when he complained about the company's discriminatory actions. The case is Kereth Powell v. Metro One Loss Prevention Services Group (Guard Division NY), Inc., Southern District of New York, Case No. 12 Civ. 4221. Please email or call Maia Goodell at (212) 403-7357 for more information.
Second Circuit Victory
The firm represented a parole officer in the successful appeal of a district court's decision to dismiss her sexual harassment case before trial, on summary judgment. Her supervisor, who was also a woman, touched her breasts three times. On May 4, 2012, the United States Court of Appeals for the Second Circuit held that this conduct was "anything but minor" and that the parole officer has a right to a trial before a jury on her claim. Redd v. New York Div. of Parole, No. 10-1410-CV (2d Cir. May 4, 2012).
Protecting workers' rights for more than 50 years
Vladeck, Waldman, Elias & Engelhard, P.C. provides comprehensive employment law legal services. Please call us at (212) 403-7300 or contact us online. One of our attorneys will call you to discuss a possible consultation.