Eric D. Witkin

For more than 35 years, Eric D. Witkin has successfully represented management in employment litigation before federal and state courts and administrative agencies, including the Equal Employment Opportunity Commission and the New York State Division of Human Rights, focusing on the defense of discrimination claims arising under Title VII and New York State and City Human Rights Law.

Eric has defended employers and individual managers in both single plaintiff and large class actions involving the full range of employment law issues, including:

• Discrimination based on age, race, disability, gender, sexual orientation, religion and national origin
• Retaliation
• Sexual harassment
• Breach of contract
• Wrongful discharge
• Tortious interference with contract
• Intentional infliction of emotional distress
• Negligent hiring and supervision
• Defamation
• Breach of non-solicitation and non-compete agreements

His successes include summary judgments in favor of employers dismissing claims of disability discrimination, harassment and retaliation; age and gender discrimination and breach of contract; race discrimination and retaliation; sexual harassment and constructive discharge; claims for post-termination commissions; claimed violations of New York's whistleblower law; claims of hostile environment sexual harassment and retaliation; and claims of religious discrimination and retaliation.

Eric also has had major responsibility in cases notable for the novelty of the legal theories advanced and the degree of risk entailed. They include rejections of the doctrine of compelled self-defamation and the Equal Pay Act pay discrimination claims of hundreds of flight attendants.

Eric works with a diverse group of clients that includes:

• A regional transportation authority
• Commuter railroads
• Residential real estate management companies
• Hospitals
• Restaurant chains
• Drug store chains
• Retail chains

Prior to working at Littler Mendelson, Eric served in various positions, from associate to of counsel, at other firms.