John A. Beranbaum
Counsel
Tel: 212-763-4103
Practice Areas
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Summary
John A. Beranbaum joins RPJ’s practice in employment law, litigation, arbitration, negotiation, and trial advocacy. With over 30 years of litigation and trial experience, Mr. Beranbaum regularly counsels clients navigating complex workplace circumstances on a broad array of employment and labor issues including statutory violations, employment contracts and severance agreements, large-scale reductions in force, discrimination and sexual harassment concerns, allegations of whistleblowing and retaliation, and the full range of employment and labor matters and dispute resolution. Mr. Beranbaum also serves as a Mediator for the U.S. District Court for the Eastern District of New York. He is the recently former President of the National Employment Lawyers Association/New York (2020).
Mr. Beranbaum is admitted to practice in New York and New Jersey and before the U.S. Supreme Court, U.S. Court of Appeals from the Second and Third Circuits, U.S. District Court for Southern and Eastern Districts of New York, District of New Jersey, Eastern District of Pennsylvania and the Northern District of Florida.
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Education
Mr. Beranbaum graduated with a B.A. from Yale University (magna cum laude, 1977), and received his J.D. from the N.Y.U. School of Law (1981).
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Services & Honors
Mr. Beranbaum serves as a Mediator for the U.S. District Court for the Eastern District of New York. He is the recently former President of the National Employment Lawyers Association/New York (2020). Mr. Beranbaum received the 2020 Outstanding Pro Bono Service Award from the New York City Bar Association’s Justice Center. He has been selected to Best Lawyers in America in the Category of Employment and Labor, and Employment Law, from 2008 to 2021 and in 2023. Mr. Beranbaum has been recognized annually as a Super Lawyer since 2006; has a Martindale Hubble AV preeminent rating; and has received a Who’s Who Lifetime Achievement Award. Prior to joining RPJ, Mr. Beranbaum was a Founding Member of Beranbaum Menken LLP and a Solo Practitioner.
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Reported Judicial Decisions
Appellate Decisions
- Stega v. New York Downtown Hosp., 31 N.Y.3d 661 (2018)
- Anonymous v. Anonymous, 165 A.D.3d 19, 83 N.Y.S.3d 472 (1st Dept. 2019)
- Grenawalt v. AT&T Mobility LLC et al, 642 Fed. Appx. 36, 2016 WL 945048 (2d Cir. 2016)
- Estabrook v. Safety & Ecology Corp., No. 13-1096, 2014 WL 702355 (3d Cir. Feb. 25, 2014)
- Ferris v. Delta Air Lines, Inc., 277 F.3d 128 (2d Cir. 2001)
- Kim v. Dial Services Int’!, Inc., 159 F.3d 1347 (2d Cir. 1998)
- Weissman v. Dawn Joy Fashions, Inc., 214 F.3d 224 (2d Cir. 2000)
Trial Court and Administrative Decisions
- Creacy v. BCBG Max Azira Grp., LLC, No. 14 Civ. 10008 (ER), 2017 WL 1216580 (S.D.N.Y Mar. 31, 2017)
- Digilov v. JPMorgan Corp., N.A., No.2015 WL 685178 (S.D.N.Y. Feb. 18, 2015)
- Stokes v. City of Mount Vernon, N.Y. , 11 CV 7675 VB, 2012 WL 3536461 (S.D.N.Y. Aug. 14, 2012), reconsideration granted in part, 11 CV 7675 VB, 2012 WL 6691078 (S.D.N.Y. Dec. 17, 2012), amended by, 11 CV 7675 VB, 2013 WL 1222720 (S.D.N.Y. Mar. 25, 2013)
- Morse v. JetBlueAirways Corp., 941 F. Supp.2d 274 (E.D.N.Y. 2013)
- Siracuse v. Program for the Development of Human Potential, 07 CV 2205 CLP, 2012 WL 1624291 (E.D.N.Y. April 30, 2012)
- Peerless v. Verizon Communications Inc., No. 11 CV 02139 KBF, 2012 WL 358709 (Aug. 10, 2012)
- In re Envirosolutions of New York, LLC, 476 B.R. 88 (Bankr. S.D.N.Y. 2012)
- Guzman v. Macy’s Retail Holdings, Inc., 2010 WL 1222044 (S.D.N.Y. 2010)
- Anderson v. State of New York, 614 F. Supp.2d 404 (S.D.N.Y. 2009)
- Gaffney v. Department of Information Technology and Telecommunications, et al., 579 F. Supp.2d 455 (S.D.N.Y. 2008)
- Tse v. UBS Financial Services, Inc., 568 F. Supp.2d 274 (S.D.N.Y. 2008)
- DiFilippo v. Barclays Capital, Inc., 552 F. Supp.2d 417 (S.D.N.Y. 2008)
- Rivera v. Ndola Pharmacy Corp., 497 F. Supp.2d 381 (E.D.N.Y. 2007)
- International Healthcare Exchange, Inc. v. Global Health Care Exchange, LLC, 470 F. Supp.2d 345 (S.D.N.Y. 2007)
- Roniger v. McCall, 22 F. Supp.2d 156 (S.D.N.Y. 1998), 72 F. Supp. 433 (S.D.N.Y. 1999), 119 F. Supp. 2d 407 (S.D.N.Y. 2000)
- Brennan v. City of White Plains, 67 F. Supp.2d 362 (S.D.N.Y. 1999), 76 Fair Empl. Prac. Cas. (BNA) 913 (S.D.N.Y. 1998)
- Settecase v. The Port Authority of New York/New Jersey, 13 F. Supp.2d 530 (S.D.N.Y. 1998)
- Crisonino v. New York City Housing Auth., 985 F. Supp. 385 (S.D.N.Y. 1997)
- Haze/dine v. Beverage Media, Ltd., 954 F. Supp. 697 (S.D.N.Y. 1997)
- Sunshine v. Long Island Univ., 862 F. Supp. 26 (E.D.N.Y. 1994)
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Selected Engagements & Publications
Selected Articles & Publications
- “The Impact of Discrimination on Mental Health,” RPJ – May 18, 2023
- “Is Protecting the Rights of Working Women Becoming Mainstream?” RPJ – February 16, 2023
- “WFH, the ADA, and the Post-Pandemic Workplace, by John Beranbaum and Ariana Zhao,” RPJ – November 1, 2022
- “Policy Excluding Female Employees from Supervising Prison Dry Cells Found Discriminatory” RPJ – July 5, 2022
- “New York State’s Expanded Whistleblower Statute” RPJ – April 7, 2022
- “Amendments to the New York City Human Rights Law Over the Past Five Years Expanding Protections to Workers” RPJ – March 1, 2022
- Reasonable Accommodations to ‘Enable Benefits and Privileges of Employment, ‘Understanding Employment Law, Ch. 6 (Practicing Law Institute, 2019).
- Judicial Resistance to Teleworking as a Reasonable Accommodation, Understanding Employment Law, Ch. 10 (Practicing Law Institute 2018).
- Disparate Impact, Barbara T. Lindemann, et al, Employment Discrimination Law, Fifth Edition, 2015 Cumulative Supplement, Ch. 3.
- Mihalik v. Credit Agricole Cheuvreux: An Object Lesson in Summary Judgment Litigation, The New York Employee Advocate (June/July 2013).
- Attorney Fees: The Death of Arbor Hill, NYSBA Journal (February 2012).
- Assessing the Impact of ‘Gross’ on Employment Discrimination Claims, New York Law Journal (August 9, 2010).
- The Americans with Disabilities Amendment Act: A ‘National Mandate’, New York Law Journal (December 3, 2008).
- Reconstructing Constructive Discharge in the Second Circuit, New York Law Journal (June 6, 2008).
- Time to Revisit New York’s At-Will Employment Doctrine, New York Law Journal (July 19, 2006).
- Calculating Economic Damages in an Employment Case, Parts I and II, Employee Rights Quarterly (Spring, Fall 2002).
- Reasonably Accommodating ADA Reassignments, New York Law Journal (December 12, 2001).
- Confusion at the Top: The Supreme Court Establishes A New Defense to Punitive Damages , The Employee Advocate (Spring 2000).
- Overcoming the Faragher/Ellerth Affirmative Defense: An Annotated Set of Interrogatories and Request for Production of Documents, The Employee Advocate (Fall 2000).
- Supreme Court Establishes New Defense to Punitive Damages Claims, Employment Law Strategist (Oct. 1999).
- Kolstad v. American Dental Assn: The Implications for Employment Litigation, New York Law Journal (August 18, 1999).
- Survey of Emotional Distress and Punitive Damages Awards in Excess of $100,000 , The Employee Advocate (Fall 1998).
- Civil Rights Remedies for Gender Motivated Violence Act, New York Law Journal (June, 22 1998).
- How To Use Expert Witnesses in Disability Cases, Employment Law Strategist (April 1994).
- A Pilot’s Story: Criado v. ITT, Employment Law Strategist (December 1993).
Noted Speaking Engagements
- Third Party Harassment and Discrimination: Employer Liability for Acts of Customer, Clients, and Vendors,” Strafford Webinars (Oct. 2019).
- The Interactive Process: A Right in Search of a Remedy, National Employment Lawyers Assn., Annual Convention (June 2017).
- Advising Clients on Disclosing a Psychiatric Disability, Psychological Issues in Employment Law (Practicing Law Institute, 2016).
- “Accommodating Employees with Mental Disabilities, National Employment Lawyers Assn., with Lorrie McKinley, Annual Convention (June 2015).
- Applying Rules of the Road to Employment Cases,” NELA/NY Fall 2014 Conference (Sept. 2014).
- Title VII Update: A Plaintiff Lawyers Perspective, National CLE Conference (Jan 2013).
- Title VII Update: A Plaintiff Lawyers Perspective, National CLE Conference (Jan 2013).
- Reductions-in-Force: The Plaintiff’s Perspective, Labor & Employment Relations Assn., May 6, 2010.
- Video Leadership Seminars: Winning Legal Strategies for Sex Harassment Cases, Multimedia CD (December 31, 2006).
- Litigating State Disability Claims, New York State Bar Association, Labor and Employment Law Section Annual Meeting (2004).
- Litigating State and City Disability Discrimination Claims: Individual Liability, Aiding and Abetting and Reasonable Accommodation, New York State Bar Assn., Labor and Employment Section (Fall 2002).
- Hiring Issues, Disability-Related Inquiries and Medical Examinations, HR Advisor (March/April 2002).