Ex-Bernstein Litowitz Staff Allege LGBT, Age Bias in Firing

Two former members of Bernstein Litowitz Berger & Grossman LLP’s professional staff sued the law firm in New York federal court Thursday, alleging it unlawfully pushed them out of their jobs and replaced them with younger workers.

BLB&G allegedly created a new management team for its non-attorney staff in 2018 after a disagreement among the firm’s partners, according to Charlie Cruz and Linda Graham’s complaint. A culture change and “rampant ageism” soon followed, they say in the suit in the U.S. District Court for the Southern District of New York.

The firm soon fired at least 10 members of the professional staff over age 40, Cruz and Graham included, they say.

Cruz, age 55, alleges his former role of controller’s assistant was filled by a 22-year-old woman. He also says his post-2018 direct supervisor vacillated between ignoring him and treating him with disdain, which Cruz believes was due to his status as an openly gay Puerto Rican.

Graham, a 57-year-old Black woman, says she was among the oldest of the legal secretaries on staff when she was fired in 2019. BLB&G allegedly told her that her position was being eliminated, but Graham says the firm should have selected a younger secretary with less-developed skills for termination.

Both plaintiffs allege their new supervisors made efforts to get to know the younger members of the professional staff while largely ignoring the older workers. They allege the firm’s actions violate local and federal antidiscrimination laws, and that they’re therefore entitled to reinstatement to their BLB&G positions with back pay, interest, and damages.

Causes of Action: Age Discrimination in Employment Act; the New York City Human Rights Law; Title VII of the Civil Rights Act.

Relief: Reinstatement; back pay; compensatory and punitive damages; injunctive relief.

Response: BLB&G didn’t immediately respond to a request for comment.

Attorneys: Giskan Solotaroff & Anderson LLP represent Cruz and Graham.

The case is Cruz v. Bernstein Litowitz Berger & Grossman LLP, S.D.N.Y., No. 20-cv-08596, complaint filed 10/15/20.