The field of employment law really began with amendments to the federal anti-discrimination law in 1991 (Title VII). Until that time, victims of employment discrimination could not obtain compensatory, or punitive damages. As a result, few cases were instituted under that law because the available remedies were very limited. When Title VII was amended to allow broader remedies, a body of law sprang up so rapidly that in certain years as many cases were decided by the United States Supreme Court on the subject of employment as in any other field.

In the 1980s, Murray Schwartz, the senior partner of Schwartz & Perry, represented Anneka Thoreson in an action on her behalf for sexual harassment. At that time, the only statute that provided monetary relief to a victim of employment discrimination was the New York State Human Rights law. The Thoreson case was the first case brought under that law to be tried to a conclusion. Mr. Schwartz prevailed at trial in a landmark decision establishing that a victim of sexual harassment could prevail on her testimony alone, a finding that was upheld by the highest appellate court in New York State. The Court decision, after trial, provided for a $4 million punitive damage award, which the appellate courts held as unavailable under State law. However, the decision paved the way for victims of sexual harassment, on their testimony alone, to seek and to justifiably recover their remedies under the existing human rights law throughout America. Other laws have since been enacted to specifically provide for such additional remedies. Thoreson has been cited at least 516 times over the years.

The Thoreson decision, coupled with the amendments to the federal anti-discrimination law and the enactment of the New York City Human Rights Law, made it essential that we at Schwartz & Perry dedicate all our efforts to participating in the growing field of employment law. It was at that time, that we decided to channel our energies into the field of employment law on behalf of employees, where we could use our strong and extensive litigation experience in serving the needs of victims in workplace-related problems.

After Thoreson, the New York City Council enacted the New York City Human Rights Law, which specifically contained a provision permitting punitive damages. The constitutionality of the City Law was attacked in another first impression case, Bracker v. Cohen, in which our firm again represented the plaintiff/employee. We defended the constitutionality of the law through the entire appellate process where it was determined that the New York City Human Rights Law was constitutional. Since that time, hundreds and hundreds of cases have been instituted under the New York City Human Rights Law, which has provided relief to those who have relied upon it.

One such individual was Maureen McIntyre, the plaintiff/employee in McIntyre v. Manhattan Ford, who we also had the privilege and good fortune to represent. In that case, we obtained a jury verdict in a sexual harassment case that was historic in its size and ultimate payment. The award by the jury in the McIntyre case was $6.6 million and was, at the time, the largest amount awarded to a single plaintiff in a sexual harassment case in the United States. Although the verdict was subsequently reduced to $3.1 million on appeal, the amount paid to Ms. McIntyre still remains one of the highest awards paid to a plaintiff in a sexual harassment case in the United States. It was in the McIntyre case that the trial court, quoting the Talmud, stated that "humiliation murders the soul," a quote that has frequently been used to portray the results of sexual harassment on its victims.

These three groundbreaking sexual harassment cases were so broad in scope that they have had a lasting impact upon employment law as it is practiced in New York. During the past 20 years, our specialty in employment law has expanded and flourished. Our staff has been enlarged, the volume of cases we handle has multiplied significantly, our expertise has broadened, our achievements have grown and we have been rated and recognized as one of the preeminent law firms in the field of employment law.

As attorneys, we feel privileged to have the opportunity to use our skills and experience to help our clients. We remain committed to providing professional and respectful service to all our clients. We are proud of our efforts and the meaningful results we have accomplished during the 55 years we have been in practice. We remain guided by our commitment to excellence in our fight for employees who have had their rights violated in the workplace, in any fashion and to any degree.

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