Davida S. Perry

Davida S. Perry has been a civil litigator since 1986 and holds the distinction of an "AV" rating with Preeminence from Martindale-Hubbell. Ms. Perry was selected and honored as a Super Lawyer in 2009. In 1994, Ms. Perry and her father, Murray Schwartz, created the partnership of Schwartz Perry & Heller. Since the firm's inception, Ms. Perry has devoted her efforts almost exclusively toward representing victims of unlawful employment discrimination, including age, disability, gender, race, sexual orientation and pregnancy discrimination as well as sexual harassment.

Ms. Perry worked alongside her father in the landmark sexual harassment case of Thoreson v. Penthouse Magazine and Robert Guccione. In Thoreson, the finding of sexual harassment was sustained on appeal by both the Appellate Division and the Court of Appeals, which set a significant precedent that a claim of sexual harassment can be established based on the victim's testimony alone. Ms. Perry assisted in the briefing and argument of both appeals.

In 1991, the City of New York enacted its own Human Rights Law authorizing a private cause of judicial action for victims of employment discrimination. The New York City law was challenged in Bracker v. Cohen, a sexual harassment case in which Schwartz Perry & Heller represented the plaintiff. Ms. Perry was significantly involved in responding to the challenge to the law, which was ultimately found to be constitutional. As a result, a multitude of cases have been instituted under that law.

Notably, Ms. Perry served as Second Chair during the trial of McIntyre v. Manhattan Ford, a sexual harassment, retaliation and intentional infliction of emotional distress suit. A Manhattan jury awarded the plaintiff $6.6 million, which, even after being reduced by the trial court and then by the appellate court, still stands as one of the highest awards for sexual harassment in the entire nation. The case, after trial, continued through the appellate process and was concluded, with the judgment paid, in 1999. Ms. Perry participated in all aspects of the appeal. The plaintiff in McIntyre, as well as Ms. Perry and her father, were celebrated at a ceremony for Courageous Plaintiffs conducted by the New York chapter of the National Employment Lawyers Association.

In June 2006, following a two-week trial in the United States District Court for the Southern District of New York, the jury returned a verdict in favor of a client of Schwartz Perry & Heller in the amount of $2.5 million, of which $300,000 was an award for punitive damages. The verdict was based upon a retaliation claim arising from the plaintiff's allegation of age discrimination. Since the action was brought under the New York City Law and was removed to Federal court, the amount was not subject to the Federal cap. After adding damages and interest, the amount of the final judgment paid totaled nearly $4 million. Ms. Perry had an active role throughout the case.

Ms. Perry has co-authored numerous articles and publications for programs sponsored by the New York State Bar Association, the National Employment Lawyers Association and the Practising Law Institute.

More than 10 years ago, the firm developed a Summer legal internship program at the request of a New York law school. The initial programs were so successful that the firm initiated on-going legal internship programs throughout the academic year as well. In 2008, Schwartz Perry & Heller was joined by 24 students from nine law schools in the New York and New Jersey areas. Ms. Perry takes an active role in mentoring future lawyers through the firm’s legal internship program.