Faculty Directory & Profiles

Merrick Rossein, Professor, served as the Acting Dean of the Law School in 1994-95, teaches the Equality Concentration and courses on employment discrimination, and is a faculty member of the Law School's Worker, Employment, Labor Program (WELP). He earned a B.A. from Alfred University and an M.P.A. degree from New York University before joining the founding class of Antioch Law School. His extensive background in civil rights and employment law includes work at the National Employment Law Project, Queens Legal Services, New York City Bureau of Labor Services, and New York City Commission on Human Rights. In addition, he has litigated numerous employment discrimination cases, including landmark sexual harassment cases, drafted legislation and model sexual harassment regulations, published a three-volume treatise, Employment Discrimination Law and Litigation, and edited Employment Law Desk Book for Human Resource Professionals. He drafted an affirmative action plan for the City of New York and was appointed by Mayor David N. Dinkins to a four-year term as Commissioner of the City of New York Equal Employment Practices Commission and by Governor Mario Cuomo to serve on his Task Force on Sexual Harassment.

Professor Rossein is a member of the ABA Section on Labor and Employment, Equal Employment Opportunity and ADR Committees where he was named Scholar-in-Residence (2007) (inaugural scholar) and the New York State Bar Association Section on Labor and Employment, where he served as Secretary and on the Executive Committee. Scholar-in-Residence (2007) (inaugural scholar). He is an arbitrator and mediator on the American Arbitration Association's National Employment Disputes Panel and has been a consultant on equal employment opportunity to the Greater London Council, the Working Women's Institute, the Women's Law Center in Cape Town, South Africa and the City of San Francisco, as well as private sector employers, and has trained recently-appointed U.S. federal judges on employment discrimination law for the National Judicial Center in Washington, D.C.

Publications

Articles

Disclosure and Disqualification Standards for Neutral Arbitrators: How Far to Cast the Net and What is Sufficient to Vacate Award, in St. Johns University Law Journal (May 2007) (co-author Jennifer Hope)

The Costs of Resolving Employment Disputes Through Arbitration: Are Arbitration Agreements That Require Employees to Share Costs Enforceable?, in ADR and the Law 2003 (2003).

The Supreme Court Hands the Keys to Arbitrators to Decide Whether Class Claims May be Raised in New York, in New York Employment Law and Practice (2003).

Supreme Court Holds That a Plaintiff Need Not Present Direct Evidence of Discrimination in Order to Receive a Mixed-Motive Instruction Under Title VII in New York, in New York Employment Law and Practice (2003).

Outside Investigations of Employee Misconduct May Trigger the FCRA Requirements in New York, in New York Employment Law and Practice (2001).

Changes to Discovery: The Amended Rules, in New York Employment Law and Practice (2000).

Fine Tuning Your Harassment Policy: Taking the Next Step, in HR Advisor: Legal and Practical Guidance (2000).

Harassment in the Workplace: We've Come a Long Way, but Diversity Requires Continued Vigilance, in The Story of the United States Equal Employment Opportunity Commission: The Ensuring Promise of Opportunity for 35 Years (2000).

Kolstad and Its Aftermath in New York, in New York Employment Law and Practice (2000).

Investigating Harassment Charges After Faragher and Ellerth, 12 Empl. Discrimination Rep. (BNA), 378 (Mar. 10, 1999).

Sex Harassment Investigation by Lawyers: Risks Concerning Discovery, Future Representation, And Waiver of Privileges, 11 Empl. Discrimination Rep. (BNA), at 84 (July 8, 1998).

Accommodating the Conflict Between The Americans With Disabilities Act and the NLRA's Collective Bargaining Obligations, 46 N.Y.U. Ann. Conf. Lab. (1993) (co-written with Marci Seville).

Books

Employment Discrimination: Law And Litigation (1990-2008).

Employment Law Desk Book For Human Resources Professionals (2004) (editor).

Chapters in Books

Harassment by Non-Employees, in Sexual Harassment (B. Lindemann & D. Kudue eds., 1992).

Application of the Civil Rights Act of 1991 to "Existing Claims", in The Civil Rights Act of 1991 (1993), previously published in Video Law Review Study Materials (Feb. 13, 1992).

Disparate Impact Theory After the Civil Rights Act of 1991: Restoring the Job Performance Standards, in The Civil Rights Act of 1991: Its Impact on Employment Discrimination Litigation (1992).

Sexual Harassment, in Employment and Discrimination Law (B. Schiel & P. Grossman eds., 1983).

Statistical Proof , in Employment Discrimination Litigation: Use and Requirements, in Civil Rights Litigation and Attorney Fees Handbook (Lobel ed. 1986).

Employment, in Legal Advocacy for the Handicapped (P. Hearne ed., 1981) (co-written with Robert Martin).