Attorney Profile

John A. Beranbaum

John Beranbaum

Beranbaum Menken Ben-Asher & Bierman LLP
80 Pine Street, 32nd Floor
New York, NY 10005
Contact Contact John A. Beranbaum
T: 212-509-1616
F: 212-509-8088

Visit: www.bmbblaw.com
Practice areas: Employment & Labor (100%)
Industry Groups: National Employment Lawyers Association

Profile

John Beranbaum is a founding partner of Beranbaum Menken Ben-Asher & Bierman LLP, which practices plaintiff-side employment, civil rights and 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, he has represented plaintiffs in employment discrimination, sexual harassment, whistleblower and wrongful discharge cases. He has numerous published court decisions and is a frequent writer and speaker on employment law. He is a mediator for the United States District Court for the Eastern District of New York and has received an AV rating from Martindale-Hubbell.

Selected to:

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.bmbblaw.com

Honors and Awards: National Employment Lawyers Assn/NY's "Courageous Plaintiffs' Award" (1998; 2007), Reginld Heber Smith Community Fellowship (1981-82), Best Lawyers, New York - 2008
Bar/Professional Activity: National Employment Lawyers Assn./New York, Executive BoardNational Employment Lawyers Assn.American Bar Assn., Section of Labor and Employment LawNew York Bar Assn., Labor and Employment Law SectionNew York Bar Assn.
Pro bono/Community Service: Mediator, United States District Court for the Eastern District of New York
Scholarly Lectures and Writings: "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, in substantial part, jury verdict in disability discrimination action), vacated and modified, 214 F.3d 224 (2d Cir. 2000) (letting stand district court's punitive damages remittur); 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) (upholding jury's finding of sex discrimination and punitive damages, but remitting $3.5 million verdict to $400,000); 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.) ($30 million settlement in qui tam action); Brennan v. City of White Plains, 67 F. Supp.2d 362 (S.D.N.Y. 1999) (denying summary judgment in sex discrimination action); 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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