Breast Cancer Patient Settles Discrimination Lawsuit Filed Against New York Employer

A 59-year-old breast cancer patient has settled her age, gender, and disability-related discrimination lawsuit filed against law firm Proskauer Rose in New York State Court in 2011. The woman, who acted as the firm’s Chief Financial Officer (CFO) until she was terminated in March 2011, claims the law firm began mistreating her following her cancer-related medical leave. According to the woman, she was marginalized and demoted while a less qualified man was promoted to the position of CFO despite her nearly 20-year history with the firm.

The former CFO alleges that women are intentionally and “conspicuously” absent from Proskauer Rose leadership roles. The woman reportedly believes the law firm sought to undermine her authority after she returned from medical leave related to her cancer treatment. She stated the firm also elected to separate her from the rest of the organization’s employees when a new headquarters was established in another building. Earlier this month, the parties agreed to settle the matter and discontinue the case pending before the New York court. The terms of the settlement were not disclosed.

Unfortunately, this case demonstrates that no employer is immune from engaging in unfair or illegal discrimination. Although women’s rights in the workplace have come a long way in recent generations, women from all walks of life are still unfairly discriminated against on a regular basis. Whenever an employer treats female employees differently based solely on their gender, discrimination has occurred.

Depending on the situation, workers in New York and New Jersey have a right to take up to 12 weeks of normally unpaid medical leave for a serious health condition. Prior to taking such leave, an employee must provide reasonable notice to his or her employer. At the conclusion of a worker’s medical leave, the employee is normally entitled to return to the same or a substantially similar position within the company. The laws related to medical leave are complex and some employers or positions are exempt from medical leave requirements. If you feel you were harassed, fired, or mistreated at work as a result of a medical leave request, you are advised to contact an experienced employment law attorney to discuss your case.

The hardworking employment lawyers at the Resnick Law Group represent current and former employees in legal matters that involve family or medical leave, disability discrimination, employment contracts, gender discrimination, and a variety of others issues in both New Jersey and New York. To discuss how our committed attorneys may assist you, please contact our law firm online or give us a call today at 973-781-1204 or (646) 867-7997.

More Blog Posts:

AARP Survey Finds Most Older Americans in New York and Nationwide Have Experienced Age Discrimination at Work, The New Jersey Employment Law Firm Blog, June 18, 2013
Former Law Firm Shareholder Settles Proposed Class-Action Gender Discrimination Case Filed in New York, The New Jersey Employment Law Firm Blog, June 17, 2013
Additional Resources:

Proskauer, Former CFO Settle Bias Suit, by Sara Randazzo, American Lawyer

Former Proskauer CFO Hits Firm With Discrimination Suit, by Nathan Koppel, Wall Street Journal


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