Gordon Rees Scully Mansukhani Partner Brittany Primavera and Associate Nicole Phe, serving as employment counsel in coordination with outside trial co-counsel, recently helped secure a complete defense verdict on behalf of GRSM’s client following a 15-day jury trial in New York Supreme Court, a rare result in a New York City discrimination and retaliation case where potential damages exceeded $10 million.
The plaintiff, a former managing partner at a global private capital advisory firm, filed suit in 2021 alleging discrimination and retaliation in violation of the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL), along with a breach of contract claim. The plaintiff alleged that he had been retaliated against for voicing support of women and minorities while working at the advisory firm and for opposing what he characterized as discriminatory conduct within the firm. Although the plaintiff voluntarily resigned to take a new position at a different company, he claimed that he had been forced out and constructively discharged because of unlawful discrimination and retaliation. The plaintiff sought more than $10 million in compensatory and punitive damages, including claims for lost compensation, emotional distress, and reputational harm. The breach of contract claim is currently stayed following the advisory firm’s 2024 bankruptcy filing, but the discrimination and retaliation claims proceeded to trial. Given the heightened employee-friendly standards under the NYCHRL and the significant exposure at stake, the matter presented substantial risk for the defense.
The defense team argued that the plaintiff had not been constructively discharged but had instead voluntarily left the firm to pursue a new opportunity at a different company. The plaintiff’s move to the new company was inconsistent with his claim that his working conditions had become so intolerable that resignation was his only option. Through witness testimony and a detailed documentary record, the defense team clearly refuted each of the plaintiff’s claims, including his assertion that he had been targeted for advocating on behalf of women and minorities at the firm. The defense was able to systematically dismantle the narrative that the plaintiff presented to the jury.
After 15 days of trial and deliberation, the jury returned a complete defense verdict, rejecting all of the plaintiff’s discrimination and retaliation claims under both the NYSHRL and the NYCHRL. The result is particularly notable given the well-documented difficulty defendants face in obtaining defense verdicts in New York City employment cases, where the NYCHRL is construed liberally in favor of plaintiffs.