Sexual Harassment/Gender Discrimination Case Studies
Client:Female mechanic in aviation industry
Problem: The client was repeatedly harassed over the course of years and retaliated against for making complaints. The employer even interfered with clients ability to find other work after discharging her.
Approach: Howard filed a detailed lawsuit and aggressively pursued the client’s claims in the face of an historically difficult employer. Over a dozen depositions were taken and Howard successfully defended a motion to dismiss and a motion for summary judgment. Howard was successful in seeking to add punitive damages to the lawsuit.
Solution: After a day long mediation which did not resolve the case, Howard eventually negotiated a mid six figure settlement in a pretrial settlement conference shortly before trial.
Client: Female sales representative for large drug company.
Problem: Routine sexual harassment and intimidation of client by her manager which was not adequately addressed or resolved after her complaints.
Approach: Howard filed a claim with one of the agencies that investigate charges of discrimination and harassment. The agency found in the client’s favor and tried, but could not, negotiate a resolution.
Solution: Howard withdrew the matter from the agency and negotiated directly with the employer’s counsel, securing a six figure settlement for the client before a lawsuit had to be filed.
Employment Torts Case Studies
Client: Over 20 female client employees and patients of a doctor.
Problem: Doctor was engaging in alleged malpractice and harming the clients. Despite complaints, the doctor’s employer, a large medical provider, took no action.
Approach: Multiple lawsuits were commenced against the doctor and his employer for malpractice and negligent retention and supervision claims, plus battery. Multiple motions for summary judgment were successfully opposed and Howard won a critical discovery motion which gave plaintiffs access to information for which medical providers typically enjoyed protection from discovery. That discovery victory caused the defendants to participate in a day long mediation.
Solution: Mediation of all cases resulted in a near seven figure settlement.
Client: Female housekeeper for hotel.
Problem: Client’s supervisor was a convicted felon. He allegedly raped the client. Client complained, went on leave and was not allowed to return to her same position. Forced to work with harasser.
Approach: Howard sued the employer for sexual harassment and negligently hiring, retaining and supervising the offending harasser.
Solution: The parties engaged in mediation where Howard negotiated a six figure settlement for the client.
ERISA and Related Benefits Case Studies
Client: Executive diagnosed with fibro myalgia/chronic fatigue
Problem: Denied long term disability benefits despite medical support for her claims.
Approach: After exhausting the benefit policy administrative process without resolution, Howard commenced an action in federal court.
Solution: Mediated settlement in mid-six figures.
Client: Former CPA with multiple employer and self provided long term disability policies.
Problem: Client was denied benefits on some of the policies and was issued the opportunity to seek reconsideration of the claims per investigation into the insurance company’s practices.
Approach: After reviewing hundreds of pages of documents and medical records, Howard crafted a reconsideration request and engaged in the reconsideration process.
Solution: Howard obtained a six figure recovery for the client. The same client also sought Howard’s representation in a related breach of contract claim against the insurance companies in which Howard again secured a six figure recovery.
Race/National Origin Discrimination Age/Disability Case Studies
Client: Three fireman with various physical disabilities, all over age 40
Problem: Discharged after many years of service based on trumped up allegations.
Approach: Howard commenced legal action against the fire dept.
Solution: Howard engaged in mediation and successfully negotiated a six figure settlement.
Client: An independent courier from Africa
Problem: Client was treated differently than other contractors by a large gas company. He was given poor routes and his contract was improperly terminated.
Approach: Howard sued the company, alleging business discrimination based on race/national origin and breach of contract.
Solution: After a federal jury trial, Howard secured a verdict for the client on breach of contract and business discrimination, obtaining a full recovery for the client and full payment of all attorney’s fees by the defendant.