Overview

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 recent 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 whistle-blower 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 metropolitan 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.

Professional & Community Affiliations

Member

New York City Bar Association

Member

Westchester County Bar Association

Member

Labor and Employment Law Section Committee on Equal Employment Opportunity Law

New York State Bar Association

Member

Labor and Employment Law Section

American Bar Association

President

Congregation Emanu-El of Westchester

2002-2004

Trustee

1996-2007

Congregation Emanu-El of Westchester

President

Columbia College Alumni Association

1988-1990

Member, Board of Directors

Columbia College Alumni Association

1974-1990

President

Columbia Alumni Association

1997-1999

Recognition

Named, The Best Lawyers in America©

2013-2019

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Named, Super Lawyer

New York

Super Lawyers

2006-2008, 2010-2011, 2014-2015

Education

  • J.D., Harvard Law School, 1972
  • A.B., Columbia University, 1969magna cum laude

Bar Admission

New York
District of Columbia

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Western District of New York