2011 Super Lawyers Pro Bono Award
Attorney Profile

John A. Beranbaum

John Beranbaum

Beranbaum Menken LLP
80 Pine Street, 32nd Floor
New York, NY 10005

New York

New York (NY)

Contact Contact John A. Beranbaum
T: 212-509-1616
F: 212-509-8088

Visit: www.nyemployeelaw.com
Practice Areas: Employment & Labor (100%)

Employment & Labor

Industry Groups: National Employment Lawyers Association

Profile

John Beranbaum is a founding partner of Beranbaum Menken LLP, which practices plaintiff-side employment housing law. Mr. Beranbaum graduated with honors from Yale College, and from NYU School of Law. He practiced public interest law as a legal services attorney and disability rights advocate. For the past 20 years, Mr. Beranbaum has represented plaintiffs in employment discrimination, sexual harassment, whistleblower and wrongful discharge cases. He has won seven-figure jury verdicts on behalf of the firm's clients, has numerous published court decisions and has written widely about employment law. Mr. Beranbaum serves as a mediator for the United States District Court for the Eastern District of New York and has received an AV rating from Martindale-Hubbell and for the past four years has been recognized in The Best Lawyers in America in the practice area of Labor and Employment Law.

Selected To

New York Super Lawyers 2011 - Metro Edition
New York Super Lawyers 2010 - Metro
New York Super Lawyers 2009 - Metro
New York Super Lawyers 2008 - Metro
New York Super Lawyers 2007 - Metro
New York Super Lawyers 2006 - Metro

About John Beranbaum

Admitted: 1982, New York

Professional Webpage: www.nyemployeelaw.com/attorneys/john-beranbaum/

Honors and Awards:

  • Best Lawyers, New York - 2008, 2009, 2010, 2011 The Best Lawyers in America - Practice Area of Employment and Labor Law (2008-2011) Martindale-Hubbell - AV rating
  • Best Lawyers - Employment and LaborTwice recognized by National Employment Lawyers Association/New York as attorney for “Courageous Plaintiffs Who Fought Back” honor.
  • Reginld Heber Smith Community Fellowship (1981-82)
  • National Employment Lawyers Assn/NY's "Courageous Plaintiffs' Award" (1998; 2007)

Bar/Professional Activity:

  • National Employment Lawyers Assn./New York, Executive Board National Employment Lawyers Assn., American Bar Assn. Section of Labor and Employment Law, New York Bar Assn. Labor and Employment Law Section, New York City Bar Assn.

Pro bono/Community Service:

  • Mediator, United States District Court for the Eastern District of New York

Scholarly Lectures and Writings:

  • "Assessing the Impact of 'Gross' on Employment Discrimination Cases," New York Law Journal, Aug. 9, 2010."The Americans With Disabilities Amendment Act: A 'National Mandate,'" New York Law Journal, 12/3/08. "Reconstructing Constructive Discharge in Second Circuit," NYLJ, 6/06/08".  "Time to Revisit New York's At-Will Employment Doctrine," NYLJ, 7/19/06.   "Calculating Economic Damages in an Employment Case, Parts I and II," Employee Rights Quarterly (Spring, Fall 2002).  "Hiring Issues, Disability-Related Inquiries and Medical Examinations under the ADA," HR Advisor (March/April 2002).  "Reasonably Accommodating ADA Reassignments," NYLJ, 12/12/01.  "Accommodating Leaves of Absences Under the ADA," NYLJ, 7/12/01.  "Confusion at the Top: The Supreme Court Establishes a New Defense to Punitive Damages Claims," Employee Advocate (Spring 2000).  "Kostad v. American Dental Association: Punitive Damages Under Title VII," NYLJ, 8/18/99.  "Survey of Emotional Distress and Punitive Damages Awards in Excess of $100,000," The Employee Advocate (Fall 1998).  "Civil Rights Remedies For Gender-Motivated Violence Act," NYLJ, 6/22/98.  "How To Use Expert Witnesses in Disability Cases," Employment Law Strategist (April 1994).  "A Pilot's Story: Criado v. ITT," Employment Law Strategist (December 1993).

Verdicts and Settlements:

  • Ferris v. Delta Air Lines, Inc., 277 F.3d 128 (2d Cir. 2001) (in sexual harassment case, holding that hotel room where flight attendant was allegedly raped by coworker during layover was part of workplace); Kim v. Dial Services Int'l, Inc., 1997 U.S. Dist. LEXIS 12544 (S.D.N.Y. 1997) ($1.7 million jury verdict in race discrimination action), aff'd, 159 F.3d 1347 (2d Cir. 1998), cert. denied, 525 U.S. 1140 (1999); Weissman v. Dawn Joy Fashions, Inc., 7 Am. Disabilities Cas. (BNA) 365 (S.D.N.Y. 1997); 1999 U.S. Dist. LEXIS 3002 (upholding jury verdict in disability discrimination case for plaintiff fired after suffering a heart attack), vacated and modified, 214 F.3d 224 (2d Cir. 2000) (letting stand district court's punitive damages remittur); Guzman v. Macy's Retail Holdings, Inc., 2010 WL 1222044 (S.D.N.Y. 2010) (in sexual harassment case, denial of motion to dismiss); Anderson v. State of New York, 614 F. Supp.2d 404 (S.D.N.Y. 2009) (holding that a lawyer claiming she was fired in retaliation for exercising her First Amendment rights complaining about court whitewashing of attorney misconduct complaints allowed to go to trial) (holding that a lawyer claiming she was fired in retaliation for exercising her First Amendment rights complaining about court whitewashing of attorney misconduct complaints allowed to go to trial); Gaffney v. Department of Information Technology and Telecommunications, et al., 579 F. Supp.2d 455 (S.D.N.Y. 2008) (motion in limine decision in a retaliation action settled at trial, just prior to closing arguments); Tse v. UBS Financial Services, Inc., 568 F. Supp.2d 274 (S.D.N.Y. 2008) ($3.5 million verdict in favor of female Financial Advisor; district court upheld jury’s finding of sex discrimination and remitted amount of verdict); DiFilippo v. Barclays Capital, Inc., 552 F. Supp.2d 417 (S.D.N.Y. 2008) (denying employer's motion for summary judgement in collective FLSA action brought by clearance clerks whom bank misclassified as not qualified for overtime wages); Rivera v. Ndola Pharmacy Corp., 497 F. Supp.2d 381 (E.D.N.Y. 2007) (denying summary judgement in Fair Labor Standards Act and sexual harassment actions); International Healthcare Exchange, Inc. v. Global Health Care Exchange, LLC, 470 F. Supp.2d 345 (S.D.N.Y. 2007) (denying motion for summary judgment in sex discrimination action); United States ex rel. Gallagher v. Intermune, Inc., C 04-4323 MHP (N.D. Cal.) (Federal False Claims action against drug manufacturer charged with off-label marketing; $42 million settlement after Dept. of Justice intervention).(Federal False Claims action against drug manufacturer charged with off-label marketing; $42 million settlement after Dept. of Justice intervention); Brennan v. City of White Plains, 67 F. Supp.2d 362 (S.D.N.Y. 1999) (denying summary judgment in sex discrimination action); Settecase v. Pt. Auth. of NY and NJ, 13 F. Supp.2d 530 (S.D.N.Y. 1998) (in gender discrimination case, denying motion for summary judgment); Roniger v. McCall, 119 F. Supp.2d 407, 72 F. Supp. 433 (S.D.N.Y. 1999) (denying motion for summary judgment in First Amendment/whistleblower action) 22 F. Supp.2d 156 (S.D.N.Y. 1998) (denying, in substantial part, motion to dismiss); Hazeldine v. Beverage Media, Ltd., 954 F. Supp. 697 (S.D.N.Y. 1997) (holding that, unlike the ADA, the New York State Human Rights Law's definition of disability does not require plaintiff to show functional restriction); Crisonino v. New York City Housing Auth., 985 F. Supp. 385 (S.D.N.Y. 1997) (denying summary judgment in sexual harassment action); Criado v. ITT Corp., 61 Fair Empl. Prac. Cas. (BNA) 321, 8 I.E.R. Cases (BNA) 1267 (S.D.N.Y. 1993) ($250,000 jury verdict in whistleblower action).

Video:

  • "Prosecuting a Sex Harassment Claim," Reed Logic Video Leadership Seminar (December 2006).

Educational Background:

  • New York University Law School (J.D. 1981); Yale University (A.B. 1977) (magna cum laude; distinction in History)
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