John Beranbaum

John Beranbaum

Partner

John has spent the better part of three decades advocating for the rights of employees to work in an environment free of discrimination, harassment and retaliation. Before joining Crumiller, John was the co-founder of Beranbaum Menken LLP, one of NYC’s most prestigious employment litigation firms. He also worked as a legal services lawyer and a disability rights advocate. John graduated from Yale College and NYU School of Law, and currently serves as a mediator for the U.S. District Court for the Eastern District of New York. He has represented employees at the trial and appellate levels, including two employment discrimination cases in which the jury returned seven-figure verdicts for his clients, and a whistleblower action brought against a drug manufacturer leading to a $42 million settlement, of which $5.7 million was allocated to his client. John has successfully litigated numerous sexual and racial harassment cases, as well as three cases vindicating the constitutional rights of governmental employees to speak out about matters of public concern. John is active in NELA-NY, where he recently served as President.

John and his wife live in Brooklyn, with their three grown children and grandson living nearby. He is an avid reader and is in the midst of writing a multi-generational family history. John also enjoys hiking, bicycle riding, and an occasional run. He is proud to serve as a marriage officiant, though be forewarned, his services are mostly a pastiche of Dylan lyrics.

John can be reached at beranbaum (at) crumiller (dot) com.

  Recognitions

  • 2020 Outstanding Pro Bono Service Award, awarded by NYC Bar Association Justice Center
  • “Lawyer of the Year” in the New York area, 2020, awarded by “Best Lawyers”
  • The American Registry – America’s Most Honored Lawyers
  • Lawyers Monthly Legal Awards – 2020 Labor and Employment – USA
  • Lawyers of Distinction, 2019, 2020
  • Marquis Who’s Who Top Lawyers
  • Who’s Who Lifetime Achievement Award
  • Best Lawyers in America (each year since 2008)
  • New York Super Lawyers (each year since 2006)
  • Avvo 10.0 out of 10.0 rating
  • Martindale Hubble – AV rating
  • Leaders in Law Global Award: Labor Attorney of the Year in New York,      2019, 2020

  Bar and Court Admissions

  • Member, State Bar of New York
  • Member, State Bar of New Jersey
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second and Third Circuits
  • U.S. District Courts: Eastern and Southern District of New York;      District of New Jersey; Eastern District of Pennsylvania; Northern District      of Florida; Northern District of California

Cases

Appellate Decisions

Stega v. New York Downtown Hospital, 31 N.Y.3d 661, 107 N.E.3d 543 (2018) (holding that allegedly defamatory statement made to U.S. Food and Drug Administration were only entitled to a qualified, rather than absolute, privilege)

Anonymous v. Anonymous, 165 A.D.3d 19, 83 N.Y.S.3d 472 (1st Dep’t 2019) (affirming denial of dismiss in New York False Claims action, where relator asserted that Moody’s and its advisors defrauded NY State and NY City of millions of dollars of tax revenues, and then fired him  in retaliation for his protests to the illegal practices) (co-counseled with Kirby McInerney LLP)

Greenawalt v. AT&T Mobility LLC, 642 Fed. Appx. 36, 2016 WL 945048 (2d Cir. 2016) (in overturning district court’s dismissal of FLSA action, finding that a reasonable jury could find AT&T responsible for overtime and minimum wage violations as security guards’ joint employer) 

Estabrook v. Safety and Ecology Corp., 556 Fed. Appx. 152 (3d Cir. Jan. 16, 2014) (reversing district court and finding that female chemist adequately pled claims of sexual harassment, retaliatory harassment and unlawful retaliation)

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 co-worker during layover was “work environment” under Title VII)

Kim v. Dial Services Int’l, Inc., 159 F.3d 1347 (2d Cir. 1998), cert. denied, 525 U.S. 1140 (1999), aff’g, 1997 WL 458783 (S.D.N.Y. 1997) (upholding jury verdict, remitted from $1.6 million, in race discrimination action)

Weissman v. Dawn Joy Fashions, Inc., 214 F.3d 224 (2d Cir. 2000), vacating and modifying, 1999 WL 144488 (S.D.N.Y. 1999) (upholding, in substantial part, jury verdict for plaintiff in disability discrimination action)

Trial Court Decisions

Ouimette v. Barr, EEOC No. 470-2018-0013 (AJ Decision 4/28/20) (EEOC Administrative Judge ruling that the Bureau of Prisons discriminated against Ouimette, a correctional officer, by refusing to reasonably accommodate his disability, Irritable Bowel Syndrome, and requiring him to work mandatory overtime shifts of 16 consecutive hours, which caused him severe pain).  

American Federation of Government Employees – Local 3731 v. U.S. Dept. of Justice, Bureau of Prisons, FCMS No. 180518-04812 (Arbitrator sustained the Union’s grievance that  BOP’s Federal Correctional Institute-Memphis discriminated against female employees by excluding females from working at two prison work assignments because of possibility that they would see male inmates unclothed. The Arbitrator found that the inmates were clothed and their privacy, therefore, protected, and that there were alternative ways to protect inmates’ privacy short of the wholesale exclusion of females from the posts. The case is on appeal to the Federal Labor Relations Authority).

Creacy v. BCBG Max Azria Grp., LLC, No. 14 CIV. 10008 (ER), 2017 WL 1216580 (S.D.N.Y. Mar. 31, 2017) (denying summary judgment as to plaintiff’s hostile environment, retaliation and constructive discharge claims where employer failed to protect retail African-American employee from a customer’s racially-motivated harassment)

State ex rel. Banerjee v. Moody’s Corp., 54 Misc. 3d 1201(A), 50 N.Y.S.3d 28 (N.Y. Sup. Ct. 2016) (in New York False Claims action, denying motion to dismiss plaintiff’s qui tam and whistleblower retaliation claims) 

Digilov v. JPMorgan Chase, N.A., No. 13 Civ. 975(KPF), 2015 WL 685178 (S.D.N.Y. Feb. 18, 2015) (finding bank’s reasons for denying plaintiff bank manager trainee positions were pretext for age discrimination)

Stokes v. City of Mount Vernon, N.Y.11 CV 7675 VB, 2012 WL 3536461 (S.D.N.Y. Aug. 14, 2012), reconsideration granted in part,  2012 WL 6691078 (S.D.N.Y. Dec. 17, 2012), amended by, 2013 WL 1222720 (S.D.N.Y. Mar. 25, 2013), 2015 WL 4710258 (S.D.N.Y Aug, 2015) (denying motion for summary judgment where City’s former Inspector General was constructively discharged in reprisal for publishing reports critical of the City government, in violation of procedural and substantive due process)

Morse v. JetBlue Airways Corp., 941 F.Supp.2d 274 (E.D.N.Y. 2013) (denying motion for summary judgment where airline refused to accommodate disabled flight attendant supervisor by transferring her to a modified or different position, and then fired her for exceeding 52 weeks’ leave of absence)

Siracuse v. Program for the Development of Human Potential, 07 CV 2205 CLP, 2012 WL 1624291 (E.D.N.Y. April 30, 2012) (upholding jury verdict for cancer survivor discriminatorily denied promotion) 

In re Envirosolutions of New York, LLC, 476 B.R. 88 (Bankr. S.D.N.Y. 2012) (allowing four black truck drivers to proceed with racial discrimination claims against bankruptcy estate of Virginia-based waste hauling company)

Peerless v. Verizon Communications Inc., No. 11 CV 02139 KBF, 2012 WL 358709 (Aug. 10, 2012) (denying summary judgment where Verizon’s failure to reasonably accommodate a telephone installer’s disability resulted in his permanent injury)

Guzman v. Macy’s Retail Holdings, Inc., 2010 WL 1222044 (S.D.N.Y. 2010) (denying in substantial part Macy’s motion to dismiss plaintiff’s claims that she was subjected to a sexually hostile work environment and retaliation)

Anderson v. State of New York, 614 F. Supp.2d 404 (S.D.N.Y. 2009) (refusing to dismiss First Amendment claim of NYS court attorney who alleged she was fired for complaining about Disciplinary Committee’s whitewashing of attorney misconduct complaints)

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 race and retaliation action settled at trial)

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 dismissal of overtime claims by group of bank clearance clerks misclassified as exempt from overtime wages)

Rivera v. Ndola Pharmacy Corp., 497 F. Supp.2d 381 (E.D.N.Y. 2007) (denying motion for summary judgment where plaintiff alleged employer sexually harassed her and unlawfully denied overtime premium wages.

International Healthcare Exchange, Inc. v. Global Health Care Exchange, LLC, 470 F. Supp.2d 345 (S.D.N.Y. 2007) (in denying summary judgment, finding that a reasonable jury could find that a female executive, who was assigned menial tasks and sexually stereotyped as a girl Friday despite her having a law degree and substantial business experience, was discriminated against)

United States of America ex rel. Joan Gallagher v. InterMune, Inc., C 04-4323 (N.D. Cal.) (qui tam settlement of $42 million, of which $5.7 million allocated to relator)

Azzopardi v. New Water Street Corp., No. 115108/01 (N.Y. Sup. Ct. Apr. 4, 2007) (denying summary judgment where janitor with mild retardation was subjected to a hostile work environment because of his mental disability)

Traynham v. Gonzalez, U.S. Attorney General, U.S. Dep t of Justice, No. 07 Civ. 436, 2007 WL 7233155 (Jan. 19, 2007) (entering order to show cause followed by Stipulation requiring the Bureau of Prisons to remove the alleged harasser from the victim’s work environment)

Joan Gallagher v. InterMune, Inc, No. Civ. A 04-1200, 2005 WL 742434 (E.D.Pa. Mar. 31, 2005) (denying motion to dismiss plaintiff’s wrongful termination claim under Pennsylvania’s public policy exception to at-will employment doctrine)

Crisonino v. NYC Housing Auth., (S.D.N.Y. 1997) (in sexual assault case, upholding constitutionality of Gender Motivated Violence Act; holding effectively overruled by United States v. Morrison, 539 U.S. 598 (2001))

Weissman v. Dawn Joy Fashions, Inc., 214 F.3d 224 (2d Cir. 2000), vacating and modifying, 7 Am. Disabilities Cas. (BNA) 365 (S.D.N.Y. 1997) (upholding, in substantial part, jury verdict for plaintiff in disability discrimination action)

Roniger v. McCall, 119 F. Supp. 2d 407 (S.D.N.Y. 2000); 72 F. Supp. 2d 433 (S.D.N.Y. 1999); 22 F. Supp. 2d 156 (S.D.N.Y. 1998) (defeating motions to dismiss and summary judgment in First Amendment whistleblower action where employee of NY State’s Office of Comptroller was fired because of his politically embarrassing deposition testimony)

Brennan v. City of White Plains67 F. Supp. 2d 362 (S.D.N.Y. 1999) (denying summary judgment of sex discrimination and retaliation claims brought by long-time administrative assistant to the Cmr. of Public Affairs, who did not consider her for a vacant Deputy Commissioner position although she was already doing many of its job duties, and then fired her when she complained)

Settecase v. The Port Authority of New York/New Jersey, 13 F. Supp. 2d 530 (S.D.N.Y. 1998) (denying summary judgment in § 1983 case by female with law degree selected for layoff after have been given menial work not commensurate with her background and excluded from meetings attended by male colleagues)

Hazeldine v. Beverage Media, Ltd., 954 F. Supp. 697 (S.D.N.Y. 1997) (first case within Second Circuit holding that, unlike the ADA, the New York State Human Rights Law’s definition of disability does not require showing of functional restriction)

Governale v. Airborne Express, No. 95 CV 0451, 1997 WL 1948951 (E.D.N.Y. May 6, 1997) (sexual harassment)

Sunshine v. Long Island Univ., 862 F. Supp. 26 (E.D.N.Y. 1994) (denying motion to dismiss in sex discrimination and retaliation case where female professor was repeatedly passed over for tenure and fired after she filed a grievance)

Criado v. ITT Corp., 61 Fair Empl. Prac. Cas. (BNA) 321, 8 I.E.R. Cases (BNA) 1267 (S.D.N.Y. 1993) (upholding $250,000 jury verdict in whistle-blower action where pilot was discharged for reporting suspicions of unethical and illegal conduct occurring in company’s flight department to Senior Vice President, notwithstanding defendant’s express promise not to do so)

Publications and Presentations

John A. Beranbaum, Third Party Harassment and Discrimination: Employer Liability for Acts of Customer, Clients, and Vendors,” Strafford Webinars (Oct. 2019)

John A. Beranbaum, “Reasonable Accommodations to ‘Enable Benefits and Privileges of Employment,’” pp. 177-210, Practicing Law Institute, Understanding Employment Law, Ch. 6 (2019)

John A. Beranbaum, “Judicial Resistance to Teleworking As a Reasonable Accommodation,” Practicing Law Institute, Understanding Employment Law, Ch. 10 (2018)

John A. Beranbaum, “The Interactive Process: A Right in Search of a Remedy,” National Employment Lawyers Assn., Annual Convention (June 2017)

John A. Beranbaum, “Disparate Impact,” Chapter 3, Employment Discrimination Law, Fifth Edition, 2015 Cumulative Supplement, by Barbara T. Lindemann, et al. (2015)

John A. Beranbaum, “Advising A Client on Disclosing a Psychiatric Disability to an Employer,” Practicing Law Institute, Psychological Issues in Employment Law 2016 (December 11, 2015)

John A. Beranbaum and Lorrie McKinley, “Accommodating Employees with Mental Disabilities,” National Employment Lawyers Assn., Annual Convention (June 2015)

John A. Beranbaum, “Applying Rules of the Road to Employment Cases,” NELA/NY Fall 2014 Conference (Sept. 2014)

John A. Beranbaum, “Mihalik v. Credit Agricole Cheuvreux: An Object Lesson in Summary Judgment Litigation,” The New York Employee Advocate (June/July 2013)

John A. Beranbaum, “The Medicare Secondary Payer Act,” The New York Employee Advocate (Feb./March 2013)

John A. Beranbaum, “Title VIII Update: A Plaintiff Lawyers Perspective,” Title VIII Update: A Plaintiff Lawyers Perspective (Jan 2013)

John A. Beranbaum, “Attorney Fees: The Death of Arbor Hill,” NYSBA Journal (February 2012)

John A. Beranbaum, “Assessing the Impact of ‘Gross’ on Employment Discrimination Claims,” New York Law Journal (August 9, 2010)

John A. Beranbaum, “The Americans With Disabilities Amendment Act: A ‘National Mandate’,” New York Law Journal (December 3, 2008)

John A. Beranbaum, “Reconstructing Constructive Discharge in the Second Circuit,” New York Law Journal (June 06, 2008)

“Video Leadership Seminars: Winning Legal Strategies for Sex Harassment Cases with John Beranbaum of Beranbaum, Menken, Ben-Asher & Bierman, LLP,” Multimedia CD (December 31, 2006)

John A. Beranbaum, “Time to Revisit New York’s At-Will Employment Doctrine,” New York Law Journal (July 19, 2006)

John A. Beranbaum, “Litigating State Disability Claims,” New York State Bar Association, Labor and Employment Law Section Annual Meeting (2004)

John A. Beranbaum, “Calculating Economic Damages in an Employment Case, Parts I and II,” Employee Rights Quarterly (Spring, Fall 2002)

John A. Beranbaum, “Hiring Issues, Disability-Related Inquiries and Medical Examinations under the ADA,” HR Advisor (March/April 2002)

John A. Beranbaum, “Reasonably Accommodating ADA Reassignments,” New York Law Journal (December 12, 2001)

John A. Beranbaum, “Accommodating Leaves of Absences Under the ADA,” New York Law Journal (July 12, 2001)

John A. Beranbaum, “Confusion at the Top: The Supreme Court Establishes A New Defense to Punitive Damages,” The Employee Advocate (Spring 2000)

John A. Beranbaum, “Overcoming the Faragher/Ellerth Affirmative Defense: An Annotated Set of Interrogatories and Request for Production of Documents,” The Employee Advocate (Fall 2000)

John A. Beranbaum, “Supreme Court Establishes New Defense to Punitive Damages Claims,” Employment Law Strategist (Oct. 1999)

John A. Beranbaum, “Kolstad v. American Dental Association: Punitive Damages Under Title VII,” New York Law Journal (August 18, 1999)

John A. Beranbaum, “Survey of Emotional Distress and Punitive Damages Awards in Excess of $100,000,” The Employee Advocate (Fall 1998)

John A. Beranbaum, “Civil Rights Remedies For Gender-Motivated Violence Act,” New York Law Journal (June, 22 1998)

John A. Beranbaum, “How To Use Expert Witnesses in Disability Cases,” Employment Law Strategist (April 1994)

John A. Beranbaum, “A Pilot’s Story: Criado v. ITT,” Employment Law Strategist (December 1993)

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