DAVID S. SHERWYN School of Hotel Administration 146 Ellis Hollow Creek. Cornell University, Ithaca, NY 14853 Ithaca, NY 14850 (607) 255-1711 (607) 277-8373 e-mail [email protected]
EDUCATION:
Cornell Law School, J.D. 1989 Cornell University, New York State School of Industrial and Labor Relations, B.S. 1986
ACADEMIC EXPERIENCE
Assistant Professor of Law School of Hotel Administration, Cornell University, 1997-present Courses Taught: Business and Hospitality Law, Employment Discrimination for Managers, and Union / Management Relations Research Fellow Center for Labor and Employment Law, New York University School of Law 2001-present Visiting Lecturer School of Hotel Administration, Cornell University, 1996-1997 Adjunct Professor of Law Cornell Law School, 1995-1997 Courses Taught: Employment Law and Legal Writing Visiting Lecturer New York State School of Industrial and Labor Relations, Cornell University, 1994-1997 Courses Taught: Employment Law, Employment Discrimination Law, and Sports Arbitration
Publications:
Sherwyn, D., Heise, M., Eigen, Z., (2001)Don’t Train Your Employees and Cancel Your 1-800 Harassment Hotline: An Empirical Examination and Correction of the Flaws in the Affirmative Defense to Sexual Harassment. LXIX Fordham Law Review, Number 4 pgs. 1265-1304 Sherwyn, D., Kaufman, Z., Klausner, A., (2000) Same Sex Sexual Harassment and the Equal Opportunity Sexual Harasser Defense: What is it, and how is it important to you? Cornell Hotel and Restaurant Administration Quarterly 41, # 6 Sherwyn, D., Eigen, Z. & Klausner A. (2000) The ADA and punitive damages: Five Supreme Court rulings. Cornell Hotel and Restaurant Administration Quarterly 41. Sherwyn, D., Lankau, M. & Eigen, Z. (1999) The good the bad & the ugly: The peculiar discrimination case of Joe’s Stone Crabs. Cornell Hotel and Restaurant Administration Quarterly 40 (5), pages 10-17. Sherwyn, D. Tracey, J.B. & Eigen, Z. (1999) In defense of mandatory arbitration of employment disputes: Saving the baby, tossing out the bath water, and constructing a new sink in the process. University of Pennsylvania Journal of Labor and Employment Law. Volume 2, Number 1, pages 73-150. Sherwyn, D. & Tracey, J.B. (1998) Sexual harassment liability in 1998: Good news or bad news for employers and employees. Cornell Hotel and Restaurant Administration Quarterly, 39 (5), pages 14-21. Lynn, M., Le, Joseph-Mykal, & Sherwyn, D. (1998) Reach out and touch someone – your customer. Cornell Hotel and Restaurant Administration Quarterly, 39 (3), pp. 60-65. Sherwyn, D. & Tracey, J.B. (1997) Mandatory arbitration of employment disputes: Implications for policy and practice. Cornell Hotel and Restaurant Administration Quarterly, 38 (5), pages 58-66.
Proceedings:
Sherwyn, D., Tracey, J.B., & Heise, M. (2000) Vicarious liability in sexual harassment cases: An analysis of the first 53 motions for summary judgment based on the new affirmative defense. Proceedings of the Annual Meeting of the Academy of Management, Toronto, ON, CANADA. Sherwyn, D. & Tracey, J.B. (1999) Changes in sexual harassment law: A strategic opportunity for defining the next step in the journey. Proceedings of the Annual Meeting of the Academy of Management, Chicago, IL. Sherwyn, D. & Tracey, J.B. (1998) The strategic implications of sexual and gender-based discrimination: The case of consensual affairs gone sour. Proceedings of the Annual Meeting of the Eastern Academy of Management, Springfield, MA.
Hospitality Law Comments:
Feb. 2000 — Comment on Schurr v. Resorts International (3rd Cir.), “Innkeepers must carefully consider reasons for affirmative action”, March 2000 — Comment on Hancock v. Cracker Barrel Old Country Store (S.D. Ala.), “Law protects ‘equal opportunity’ harassers”, June 2000 — Comment on Sinkler v. Midwest Property Management (7th Cir.), What is a disability and when is an employee unlawfully regarded as having a disability? Sept. 2000 — Comment on Hostetler v. Quality Dining (7th Cir.), Can an employer prevail in a case where an employee has alleged sexual harassment by a coworker? Yes, if the conduct was not severe or pervasive. Oct. 2000 — Comment on EEOC v. Joe’s Stone Crab (11th Cir.), ” Congratulations, we’re sorry: No justice for Joe’s in lengthy case”,. Nov. 2000 — Comment on Munoz v. Oceanside Resorts (11th Cir.), “Employers must be prepared to defend all terminations, even when there is no evidence of discrimination.” Dec. 2000 — Comment on Ryan’s Family Steakhouse v. Brooks-Shades (Ala.), “Good record keeping is key to mandatory arbitration policy.”
Professional Association Participation:
Co-Host and Moderator: Cornell University and Bickel & Brewer Fourth Annual Hospitality Industry Legal Strategy Conference. October 4-6, 2000 Speaker: 53rd Meeting of the NYU Annual Conference on Labor. Topic: Empirical Studies of Arbitration Systems for Employment Disputes: What Do We Know? May 18-19, 2000 Moderator: Cornell University Conference on Hospitality Industry Strategy. Topic: A Proactive Approach to Managing Employee Retention and Morale: Mandatory Arbitration Strategies, March 19-21, 2000. Editor: LRP Hospitality Law, Contributes to the monthly publication by commenting on recent cases involving the hospitality industry Speaker: University of Houston, Conrad N. Hilton College’s Symposium on Legal Issues in the Hospitality Industry at the University of Houston. Topic: Sexual Harassment After Ellerth & Faragher: The First Fifty Summary Judgment Motions October 28-29, 1999. Speaker: Academy of Hospitality Industry Attorneys, 1999 Conference; Denver, Colorado. Topic: Arbitration of Discrimination Claims. Date: May 28, 1999. Speaker: University of Houston, Conrad N. Hilton College’s Symposium on Legal Issues in the Hospitality & Gaming Industries at the University of Houston. Topics: (1) Labor and Employment Relations in 1998; and (2) Premises Liability for Hotel Owners Dates: October 28-30, 1998. Speaker: University of Houston, Conrad N. Hilton College’s Symposium on Legal Issues in the Hospitality & Gaming Industries at the University of Houston. Topics: (1) Creating an In-house Dispute Resolution Program for Employees. (2) Collective Bargaining & Issues of Unionization. Dates: October 22-24, 1997. Speaker: International Association of Hospitality Accountants: 44th Annual Convention, Calgary, Alberta, Canada. Topic: Workplace Torts and Courtroom Alternatives. Date: September 26, 1997. Speaker: International Association of Hospitality Accountants: Hospitality Industry Technology Exposition and Conference, Baltimore, Maryland. Topic: Guest Stay Information: Is It Confidential? Date: June 25, 1997.
Awards: 2000-2001 Cornell University School of Hotel Administration Teacher of the Year (selected by the students of the Hotel School) 1999-2000 Cornell University School of Hotel Administration Teacher of the Year (selected by the students of the Hotel School) 1998-1999 Cornell University School of Hotel Administration Teacher of the Year (selected by the students of the Hotel School) 1997-1998 Cornell University School of Hotel Administration Teacher of the Year (selected by the students of the Hotel School)
1998 Cornell University School of Hotel Administration Professor of the Year (selected by Cornell’s fraternities and sororities)
LEGAL EMPLOYMENT:
Brown, Pinnisi & Michaels, P.C., Ithaca, New York, 1997 – present. (formerly Pinnisi, Wagner, Sherwyn & Geldenhuys, P.C., 1994 — 1996) Laner, Muchin, et al., LTD., Chicago, IL, 1992-1994. Rudnick & Wolfe, Chicago, IL, 1990-1991. Verrill & Dana, Portland, ME, 1989-1990. Proskauer, Rose, Goetz & Mendelsohn, New York, NY, Summer 1988.
ADMITTED: Illinois
New York