
Join us for a candid discussion with Scott Simpson and Raya Saksouk of Menken Simpson & Rozger LLP on the practical and strategic lessons learned during a recent federal trial involving claims under New York Labor Law § 740. Our presenters will share firsthand insights on litigating this evolving cause of action—from pretrial submissions and motion practice through witness cross examinations and jury charge issues. In addition to practical insights, they will also discuss legal issues relating to, among other things, the causation standard under NYLL 740, the impact of a subsequent termination on a plaintiff's mitigation efforts, the defendant's burden of proof under NYLL 740(4)(c), and the state of the law on cat's paw theories of liability.
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Since January 2025, over 300,000 women have left the workforce. Specifically, the share of mothers between the ages of 25-44 in the workforce has fallen almost three percentage points since this past January. Many NELA NY members have noticed an uptick in pregnancy-, gender-, and caregiver discrimination cases, likely as part of this national phenomenon. Join Liz Morris from Hastings WorkLife Law; Laura Narefsky from the National Women’s Law Center; and Carolin Guentert, of Sanford Heisler Sharp McKnight to explore some of the reasons underlying this development, including return-to-work and other recent trends in employment policies that disproportionately impact pregnant and parenting workers; changes in the EEOC’s priorities; and rolling back of civil rights protections.
The panel will then focus on the tools NELA NY practitioners can use to advocate on behalf of their clients experiencing pregnancy-, gender-, and caregiver discrimination. Specifically, the panel will give an overview of the local, state, and federal laws available to NY workers, and how to effectively and strategically deploy them in litigation and pre-litigation cases. The panel will also focus on opportunities for impact litigation under the Pregnant Workers Fairness Act and the PUMP Act, two protective federal laws that should be used by NY practitioners to advance the case law in this area.

Come debrief with trial attorney Aaron Schweitzer and co-counsel and NELA/NY member Tiffany Troy about lessons learned from their recent jury verdict of $3.65 million dollars, with $1.65 million in compensatory damages and $2 million in punitive damages. Filed in 2023, the Eastern District of New York case alleged workplace violence, sexual harassment, and the employer’s reckless disregard for employee safety at the Howard Johnson Hotel in Fresh Meadows under NYSHRL and NYCHRL. Learn about lessons learned about employer liability imputed by third party misconduct, and practice pointers in the preparation of jury materials, witness preparation, and presentation at trial.
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