David Schwartz is a New York City employment discrimination attorney at the law firm of Phillips & Associates. He is a tenacious, knowledgeable advocate for workers who have been discriminated against under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family Medical Leave Act, and the New York City Human Rights Law.
Federal, state, and local laws require employers to respect employees’ rights to work in an environment free from discrimination and harassment. Title VII, which is enforced by the Equal Employment Opportunity Commission (EEOC), tries to eliminate discrimination and harassment based on protected characteristics. These include race, color, religion, sex, and national origin.
Also enforced by the EEOC are the Equal Pay Act of 1963, the Pregnancy Discrimination Act, the ADEA, the ADA, and the Genetic Information Nondiscrimination Act (GINA). City and state laws protect certain groups of people based on additional characteristics.
Title VII, GINA, and the ADA apply to private employers, educational institutions, labor organizations, employment agencies, and state and local government agencies that employ 15 or more individuals. The ADEA, however, covers private employers who have 20 or more employees, as well as employment agencies, labor organizations, and state and local governments.
Under the laws enforced by the EEOC, it is illegal to discriminate with regard to any aspect of employment, including hiring, termination, assignments, compensation, job advertisements, transfers, promotions, testing, apprenticeship programs, fringe benefits, recruitment, disability, and other terms and conditions that affect employees.
Employers may not make decisions based on stereotypes or assumptions about an individual's performance or traits related to a protected characteristic. Harassment on the basis of a protected characteristic is also a discriminatory practice, as is retaliation for filing a discrimination charge, opposing discriminatory practices, or participating in an investigation of potential discrimination.
Similarly, businesses may not deny employment opportunities to someone because he or she is married to or associated with an individual who has a protected characteristic. For example, an employer may not deny a promotion to someone because he or she has a disabled spouse or is married to someone in the Islamic faith.
Mr. Schwartz graduated with a Bachelor of Science in Business Administration in 2010. During law school, he participated in two internships with the Philadelphia District Attorney's Office. One of these was in the economic crimes unit, and the other was in the trial division. He litigated Municipal Court cases involving crimes such as assault, drunk driving, and narcotics distribution, and managed all aspects of case preparation. He graduated from Villanova University School of Law with a Juris Doctor in 2013.
After law school, Mr. Schwartz served as a post-graduate fellow for the Honorable Steven R. Geroff at the Philadelphia Court of Common Pleas, where he gained valuable insights into how the judicial system functions. Before joining Phillips & Associates, he worked as a litigation associate at another firm, handling all aspects of employment discrimination claims arising under both federal and state laws.
Mr. Schwartz is admitted to the New York State Bar, and the United States District Courts for the Southern District of New York and the Eastern District of New York.