Bradley L. GerstmanPartner
Brad Gerstman is a founding partner of Gerstman Schwartz. He is a well-respected attorney with a statewide reputation for taking aggressive approaches on behalf of his clients. He has a uniquely broad experience when advocating for plaintiffs harmed by harassment or other employer wrongdoing.
Mr. Gerstman received a B.B.A. from Hofstra University and a J.D. from Touro College Jacob D. Fuchsberg Law Center. While at Hofstra University, he played four years of varsity football. He gained substantial trial experience as a prosecutor investigating and prosecuting violent crimes, corruption, and fraud. This experience allowed him to develop the skills necessary to piece together the facts to develop strong cases for employees who have been wronged by their employers. After serving as a prosecutor, he headed a law firm focused on criminal defense, government relations, and employment law. As part of his work there, he handled many high-profile cases protecting children and individuals against large governmental and corporate interests.
Mr. Gerstman is an advocate for children with special needs. As a board member and co-founder of the Lisa Beth Gerstman Foundation, he is involved with providing summer camp experiences to children who have physical and developmental disabilities. In addition to serving as counsel to the Long Island Autism Coalition Board, he has served as the Long Island Advocacy Chair for Autism Speaks. The Nassau County Legislature appointed Mr. Gerstman to serve as a member of the Nassau Health Corporation’s Board of Directors. He spearheaded a $750 million makeover of medical facilities while serving as a chairman for the Facilities Committee of the Board.
He is a member on a range of political committees and is actively involved in the Long Island Labor and Employment Relations Association, the American Bar Association, SuperLawyers, the American Society of Legal Advocates, NELA/NY National Employment Lawyers Association Advocates for Employee Rights, and the Labor and Employment Law Section of the New York State Bar Association. He enjoys competitive boxing. He supports all New York professional sports teams, other than the Jets.
Legal issues can arise at any stage of employment, from the hiring process to the post-separation period. Employment disputes in New York City can involve employment discrimination, wrongful termination, unpaid wages, whistleblower retaliation, employment agreements, severance agreements, and non-compete or non-solicitation agreements.
One of the most common grounds for an employment dispute is sexual harassment. It is prohibited under the New York City Human Rights Law, the New York State Human Rights Law, and Title VII of the Civil Rights Act of 1964, which is a federal law. Sexual harassment happens if an employee is forced to deal with unwelcome sexual advances, sexual remarks, innuendoes, jokes, pornography, memes, touching, groping, or assault on the job or as a condition of employment. Regardless of the size of the employer, sexual harassment is illegal in New York City workplaces. The city law is one of the most progressive anti-discrimination laws in the nation.
You deserve to feel respected at work. If you are sexually harassed on the job, you should let the offender know that the conduct is unwelcome. You should document the harassment and notify your company HR person in writing or follow any grievance procedures that are in place at the company.
Sexual harassment can be quid pro quo or hostile work environment harassment. To recover damages for hostile work environment harassment, you will need to show that the harassment was so severe or so pervasive that it altered the workplace. Quid pro quo sexual harassment occurs if an authority figure in the workplace provides a benefit or continued employment in exchange for granting sexual favors or submitting to sexual advances.
Mr. Gerstman is dedicated to representing vulnerable employees in legal matters. If you have been harmed by illegal conduct in a workplace in New York City, you should consult Mr. Gerstman or another of the attorneys at Gerstman Schwartz. Call us at (212) 227-7070 or contact us via our online form.
J.D., Touro College Jacob D. Fuchsberg Law Center
B.B.A., Hofstra University
NYS Bar Association