June 29, 2022

Berke-Weiss Law Represents Plaintiffs In Lawsuit Making Waves

New York City Mayor Eric Adams has announced his selections for school superintendents, and one name on the list, Roberto Padilla, slated to lead the Bronx’s District District 7, has sparked concern from parents and educators there. Padilla is currently a defendant in a lawsuit Berke-Weiss Law filed on behalf of our clients, two female educators, bringing claims of sexual harassment and retaliation.

As part of Padilla’s negotiated settlement with Newburgh, he was allowed to remain on payroll for two years, even after receiving this new job in NYC.

Padilla is accused by a former principal and teacher of making unwanted advances at a bar in San Diego during an educator’s conference last summer. The plaintiffs allege they were constructively discharged, and retaliated against in violation of the New York State Human Rights Law. The Newburgh School District and School Board are also named defendants.

News of his appointment by Mayor Adams brought consternation from people in the Bronx, a sentiment echoed by people in the Hudson Valley. NYC parents and advocates have been demanding to know why Padilla was hired for this position despite the pending lawsuit. Local news outlets have been looking into this issue since the Mayor’s announcement, including articles in the Gothamist, New York Daily News, New York Post, and News 12, which includes an interview with Senior Associate Alex Berke.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

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