RELEASED: October 25, 2011
ROCKLAND COUNTY —
Gary S. Graifman, a partner with the firm Kantrowitz, Goldhamer & Graifman, secured a plaintiff’s jury verdict on behalf of the firm’s client in a race discrimination lawsuit after a five-day trial in the U.S. District Court for the Southern District of New York.
The lawsuit was against a local college for which the plaintiff had worked for 20 years in the matter, Creighton v. Dominican College, Civ. Action No. 09-cv-3983 (SDNY). The client, a black employee, was qualified and certified in a number of trades and worked for the college in its maintenance department. During a period of time preceding his termination, the plaintiff was demoted to part time while white employees in the department with lesser experience were given full-time positions. The client also made less pay per hour than other white employees.
The college terminated the employee for alleged “inferior work” even though all of his performance reviews up to his termination were good or excellent, the employee had never been written up, and he had never been given notice of the basis for the grounds of his alleged poor performance or an opportunity to cure any alleged problems.
The harassment and adverse employment actions he experienced began or intensified after he complained of racial discrimination. The jury found that the plaintiff had been subjected to retaliation based upon his complaints about race discrimination. The plaintiff was awarded $403,000, inclusive of attorneys’ fees and expenses. The attorneys’ fees portion was determined by the Court, which ruled that the plaintiff was entitled to such fees and expenses as the prevailing party. Reginald H. Rutishauser, an associate at Kantrowitz Goldhamer & Graifman, also participated in the trial.
Since 1975, Kantrowitz, Goldhamer & Graifman, P.C., has offered full-service, quality legal representation for clients in New York and New Jersey. To contact attorney Gary S. Graifman, please call 800-711-5258 or visit www.kgglaw.com.