Landmark Court Cases-
Mr. Ginsberg has won numerous interesting court cases including many that have been published and received media attention. Several of Mr. Ginsberg’s court victories have established new and important law in the field of New York employment law and have been cited by other courts. These decisions include:
1. Lucarelli v. New York Mercantile Exchange,
24 A.D. 3d 117, 804 N.Y.S.2d 741 (New York Appellate Division, 2005).
Under New York employment law, the New York State Appellate Court ruled that a female employee could sue the Stock Exchange for sexual harassment in the workplace. The Stock Exchange had argued it was immune from sexual harassment lawsuits because it was shielded by the Federal Commodity Exchange Act which gave the Stock Exchange a special status. Both the trial court and the appellate court rejected the immunity defense. This decision helped protect women and men working on Wall Street.
2. Farrugia v. North Shore Hospital,
13 Misc. 3d 740, 820 N.Y.S.2d 718 (Supreme Court of New York County 2006).
Under New York employment law, the New York County Supreme Court ruled that a man could establish a sexual harassment case against a woman (and vice versa) merely by showing unwelcome sexual harassment based on sex. The traditional requirement that the harassment be severe and pervasive is not necessary to establish liability. This decision greatly expanded the New York City Human Rights Law on sexual harassment and made it easier for both women and men to protect themselves in the workplace.
3. Grullon v. South Bronx Overall Economic Development Corp.,
185 Misc. 2d 645, 712 N.Y.S.2d 911 (Civil Court New York County 2000).
After a successful jury verdict in New York County Civil Court under New York employment law, which found that a recovering alcoholic was unlawfully fired based on his disability, the court ruled that the plaintiff could prove his case based on his own testimony alone without the need for a medical expert. This decision made it less costly and easier for people working with disabilities to protect their rights in the workplace under New York employment law.
4. Buffong v. Castle on the Hudson,
12 Misc. 3d 1193, 824 N.Y.S.2d 752 (Supreme Court, Westchester County, 2005).
Under New York employment law, the Westchester County Supreme Court ruled that a transgendered person could sue under the New York State Human Rights Law for employment discrimination.
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