Author Archives: Derek Smith

Derek Smith is an experienced labor & employment law litigator who has particular experience in the areas of workplace discrimination, sexual harassment, wrongful termination, civil rights litigation, employment law, and civil litigation. Attorney Smith received his J.D. in 1994 from the Dickinson School of Law, his B.A. in 1991 from the University of Michigan in Ann Arbor, Mich., and studied at the Université de Droit, d’Économie, et des Sciences d’Aix-Marseille in Aix-en-Provence, France.

What Would You Do With $431,000? — That is How Much the Average Woman Loses Because of the Gender Wage

The White House site quotes President Barack Obama, “Women make up about half our workforce. But they make $0.77 for every $1 a man makes. That’s wrong.” But what does this blatant gender discrimination really mean for women over a lifetime? Consider the following statistics, as reported by the White House: A full-time working 25-year old… Read more »

Monica Lewinsky Speaks Out on Famous Bill Clinton Sex Scandal

After years of silence, Monica Lewinsky is writing about her experiences with Bill Clinton in a tell-all piece for Vanity Fair. The article hit the presses on May 8th. Inspired by the story of Tyler Clementi, the 18-year-old Rutgers freshman who committed suicide after being secretly filmed kissing another man, she also remembers being suicidal… Read more »

Ex-Head of Blue Angels Faces Inquiry From Navy Regarding Sexual Harassment Claims

The Navy announced Friday that it had relieved Capt. Gregory McWherter, a two-time commander of the Blue Angels, of duty for alleged misconduct. He is accused of tolerating sexual harassment and a hostile work environment. The Blue Angels is the Navy’s acrobatic fighter squadron from which Captain McWherter has been re-assigned. A former member of… Read more »

Sexual Harassment Still Wide-Spread and ‘Normal’ in Low-Wage Jobs in NYC and Around the County

Despite major advancements in gender equality in the workforce, women in low-wage jobs are still some of the biggest targets for sexual harassment. In particular, the Equal Employment Opportunity Commission (EEOC) found that the restaurant industry is a hotbed of sex harassment claims and gender discrimination. Nearly 37 percent of all sexual harassment charges filed… Read more »

When Can The Faragher-Ellerth Defense Be Used To Protect Companies From Liability?

Two Supreme Court cases in 1998, Faragher and Ellerth have had long-lasting consequences regarding the standards of liability for an employer in sexual harassment claims against supervisors of the company. Courts have ruled that an employer can be held liable if they were aware of or should have been aware of the harassment. The Faragher-Ellerth… Read more »

New York City Attorney Gordon Kaupp Wins $2.5 Million Verdict on Behalf of Client in New York Sexual Harassment Case

After enduring months of sexual harassment on the job, which resulted in sexual assault, former bartender Tatiana Mironova won a $2.5 million verdict against her former boss. Attorney W. Gordon Kaupp, of the Derek Smith Law Group, PLLC represented Ms. Mironova in the case. Ms. Mironova, a Russian immigrant, won the award against Chef Pasquale… Read more »

Michigan Companies Seeking To Ban LGBT Discrimination

In a move that has New York sexual harassment lawyers taking notice, The Michigan Competitive Workforce Coalition is aggressively lobbying to add LGBT discrimination to the state’s Elliot-Larsen Civil Rights Act. Backed by major companies like Whirlpool, Dow Chemical, Google and Blue Cross Blue Shield, a newly formed coalition is working tirelessly move Michigan out… Read more »

GitHub Founder Resigns After Sexual Harassment Investigation

After sexual harassment and gender discrimination accusations surfaced last month at his company, GitHub co-founder and chief executive Tom Preston-Warner has resigned. However, the investigation found the company innocent of any illegal practices. Software designer and developer Julie Ann Horvath publically resigned from GitHub last month. She claims to have endured systematic sexism and gender… Read more »

Students Allege Mishandling of Sexual Assault Claims at NYC Columbia University

A group of emotionally-charged students filed complaints with the federal government alleging a pattern of mishandling sexual assault claims by Columbia University and Barnard College. Twenty-three students signed on to three separate complaints which allege mistreatment of victims by the University. They claim Columbia and Barnard have violated various federal laws The complaints claim that… Read more »

Landmark Sexual Harassment Cases: Williams v. Saxbe

Before the passing of Title VII of the Civil Rights Act of 1964, bosses could fire their secretaries for not sleeping with them, without fear of legal recourse. You could sexually harass anyone in your company and never experience any consequences. Since Title VII changed the face of discrimination and harassment in the workplace, a… Read more »