Biography

Stephen Bergstein is a civil rights lawyer in New Paltz, New York. He graduated from CUNY Law School in 1993. Mr. Bergstein speaks and writes regularly on developments in civil rights law, particularly in the Second Circuit. He has published in the New York Law Journal, the NYSBA Labor and Employment Journal and Z Magazine.

Maintaining an active trial and appellate practice, Mr. Bergstein has briefed and/or argued more than 100 civil rights appeals in the Second Circuit Court of Appeals and has lectured on civil rights and employment matters before the National Employment Lawyers Association (New York Chapter), the Orange County (NY) Bar Association, the Westchester County (NY) Bar Association, the Association of the Bar of the City of New York, the National Business Institute and Lawline.com.

Several of Mr. Bergstein's cases have become notable precedents, including Zarda v. Altitude Express, ___ F.3d ___, 2018 U.S. App. LEXIS 4608 (2d Cir. Feb. 26, 2018) (en banc) (holding that sexual orientation discrimination is a form of gender discrimination in violation of Title VII); Chauca v. Abraham, ___ F.3d ___, 2018 U.S. App. LEXIS 6543 (2d Cir. March 16, 2018) (holding that punitive damages test under New York City Human Rights Law is not coterminous with federal standard); Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017) (vacating summary judgment in case alleging pretrial detainees were subjected to unconstitutional jail conditions); Legg v. County of Ulster, 820 F.3d 67 (2d Cir. 2016) (vacating judgment as a matter of law in pregnancy discrimination case); Zeno v. Pine Plains Cent. Sch. Dist., 702 F.3d 655 (2d Cir. 2012) (sustaining $1 million jury award and liability finding that school district was deliberately indifferent to racial bullying); Jackler v. Byrne, 658 F.3d 225 (2d Cir. 2011) (holding that police officer had a First Amendment right to refuse to file a false police report).

 

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