December 20 2007 Schwartz Perry To Argue Before Ny State Court O Our sole mission is to stand with you in your fight against workplace discrimination.


DECEMBER 20, 2007

Schwartz Perry & Heller LLP is pleased to state that we have been granted leave to appeal one of our cases to the New York State Court of Appeals, the highest court in the State. The Court of Appeals only accepts a small percentage of appeals, and we are pleased that the Court recognized the significance of the pending issue.

Our client, a cleaning person and union member, was sexually harassed at work and ultimately fired after she complained. Our firm represented her in a lawsuit, brought in state court under the New York City Human Rights Law. The company moved to compel arbitration of the claim, alleging that she had waived her right to a jury under the union's collective bargaining agreement ("CBA"). The court granted the motion, since the existing state law holds that these agreements are enforceable against human rights claims.

The issue is that while such CBA provisions are enforceable in state court, the federal courts, including the federal courts of New York, have specifically held that these CBA provisions are not enforceable. In fact, almost every court in the country that has addressed this issue has overwhelmingly found such provisions to be invalid, in light of the differing interests between the union and the employee's individual rights.

This case, therefore, presents the fascinating issue of bringing the law of New York State in line with the laws throughout the rest of the county. Our appeal to the mid-level court, the First Department, essentially asked the court to reverse itself and was denied in a very short opinion.

Our victory today permits us to appeal to the highest court in the State, to have New York rule consistently with the federal courts and other areas of the country. We are honored and privileged to be able to present this cutting edge issue to the Court of Appeals, on behalf of our client.

Committed to Protecting Your Rights

What Else Sets Us Apart?
  • 100+ Years of Collective Experience
  • Personalized & Compassionate Service
  • Award-Winning Legal Counsel
  • A Track Record of Success
    Always available, conscientious and extremely knowledgeable.

    “Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian ...”

    - N.W.
    I trusted them entirely.

    “I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He ...”

    - A.M.
    Their integrity, personal attention, and knowledge are superior.

    “Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can ...”

    - D.K.
    Caring, smart, highly skilled negotiators

    “Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.”

    - D.
    He was nothing but professional and incredibly responsive. I can't recommend him enough.

    “Brian was extremely helpful and responsive it helping me review my first ever separation agreement. He was able to explain the legalese in a way that allowed me to understand the risks I could be ...”

    - Former Client

free Consultation

Get the Strong Advocacy You Deserve
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.