Aniko R. Schwarcz is an attorney in Cohen Milstein’s Civil Rights & Employment practice where she serves as director of case development. She investigates and develops new cases involving the antidiscrimination provisions of Title VII, the Equal Pay Act, the Affordable Care Act, and the Fair Housing Act, as well as wage theft issues under the Fair Labor Standards Act and state law.
With over a decade of experience in employment law, interviewing and working with clients and witnesses and assessing the legal claims of prospective class members, Aniko directs and oversees the intake and evaluation of the firm’s civil rights-related inquiries and case referrals. She also onboards, educates, and supports clients throughout the class action litigation process, from investigation through resolution.
Aniko’s multi-disciplinary training and experience contribute to her unique insight and broad capacity for understanding both the social-emotional and economic effects of workplace discrimination.
She has been involved in matters on behalf of:
- Female Retail Employees – Investigation of pregnancy and gender-based discrimination in violation of the Equal Pay Act and Title VII.
- LGBTQ+ Employees – Investigation into denial of coverage for gender affirming healthcare.
- Detained Immigrants – Investigation into wage theft at Federal administrative detention facility.
- Individuals Seeking Treatment for Substance Use Disorder – Investigation into wage theft at adult rehabilitation centers.
She also represents others, including non-profit organizations, in conducting internal workplace investigations.
Aniko played a key role in Jock, et al. v. Sterling Jewelers Inc. (A.A.A.; S.D.N.Y.), a nationwide Title VII gender discrimination and Equal Pay Act case, in which the parties agreed to settle in 2022. She interviewed and collected affidavits from hundreds of the company’s retail workers, which were produced in support of the team’s successful motion for class certification. Aniko also interviewed and filed hundreds of EEOC charges on behalf of former class members in Dukes v. Wal-Mart Stores, Inc.
- Member, National Employment Lawyers Association
- Aniko works with nonprofit co-counsel on behalf of a client who was denied healthcare pursuant to a state law abortion ban.
- Social Work Fellow in Advocacy Programs, Alliance for Justice
- Board of Directors, Workplace Fairness
- District of Columbia
- Maryland
- University of Maryland School of Law, J.D., 2011
- University of Maryland, M.S.W., 2011
- Vanderbilt University, B.A., cum laude, 2004
Past Cases
Gender-Affirming Surgery Coverage by Aetna
On January 26, 2021, Cohen Milstein Sellers & Toll and Transgender Legal Defense & Education Fund (TLDEF), on behalf of several transgender healthcare beneficiaries of Aetna, a CVS Health company, announced that Aetna has expanded its healthcare coverage of gender-affirming surgery to include breast augmentation for transfeminine members in most of its commercial plans. This […]
Jock et al. v. Sterling Jewelers Inc.
Jock, et al. v. Sterling Jewelers Inc. (A.A.A.; S.D.N.Y.): Cohen Milstein represented a certified class of more than 69,000 female employees of Sterling Jewelers, one of the nation's largest jewelry chains, in a nationwide Title VII gender discrimination and Equal Pay Act class arbitration. Claimants alleged that they were subjected to a pattern of gender-based pay and promotions discrimination. On November 15, 2022, the Arbitrator granted final approval of a $175 million settlement.
Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers (2021-2023)
Lawdragon 500 Leading Plaintiff Employment Lawyers (2019-2020)
January 26, 2024
Baby Brand Backlash Amplifies Calls For Parent Protections
Aniko Schwarcz opines on the lack of federal protections for new parents, particularly those who are part-time employees, gig workers, and independent contractors.
In the News | Law360
January 25, 2024
In Focus at the EEOC: Preserving Legal System Access
Aniko Schwarcz examines the EEOC’s recently published Strategic Enforcement Plan (SEP). Specifically, she examines the SEP’s three highest priorities dedicated to preserving access to the legal system, including the 1) unlawful, unenforceable or improper arbitration agreements 2) employers' failure to keep data and records required by statute or EEOC regulations, and 3) retaliatory practices that detrimentally affect employees.
Articles | Law360
August 22, 2023
What Is the Pregnant Workers Fairness Act?
An Overview of Benefits and Limitations The Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023, is a landmark development for pregnant workers’ rights and worthy of celebration. The law, which will be enforced by the Equal Employment Opportunity Commission (EEOC), gives pregnant employees a new tool to bring into negotiations […]
Articles
November 12, 2021
Ensuring the Laws Barring Sexual Harassment Protect the Reticent Victim – American University Journal of Gender, Social Policy & the Law
By Joseph M. Sellers and Aniko R. Schwarcz According to multiple employee surveys, sexual harassment is one of the most underreported forms of abuse in the workplace. There are a number of reasons that reportedly account for this reluctance to complain about sexual harassment. They include the potential shame, embarrassment, and fear that may accompany reports of sexual […]
Articles
February 1, 2021
Aetna Updates Policies to Cover Transgender Feminizing Surgeries
The payer updated its policies in response to four transgender members who came forward and demanded better access to care after their feminizing surgery claims were denied. Aetna has updated its coverage policies to correct care disparities and to include gender-affirming surgeries for transgender women in most of its commercial plans, CVS Health announced. Aetna […]
In the News | Health Payer Intelligence
January 27, 2021
Aetna Expands Coverage for Gender-Affirming Surgery
Aetna expanded its coverage of gender-affirming surgery for transgender women, the insurer said Jan. 26. Under the new policy, breast augmentation for transgender women will be considered a covered service under most of Aetna’s commercial health plans. The policy change came after transgender women raised access issues to Aetna after their breast augmentation procedures were […]
In the News | Becker’s Hospital Review
January 27, 2021
Aetna Grows Coverage for Gender-Affirming Surgeries for Transgender Women
Aetna is expanding coverage for gender-affirming surgeries for transgender women. The insurer will now cover gender-affirming breast augmentation in most of its commercial plans, the CVS Health subsidiary announced this week. The change came as a result of a collaboration between Aetna, the Transgender Legal Defense & Education Fund (TLDEF), Cohen Milstein Sellers & Toll […]
In the News | Fierce Healthcare
April 23, 2019
The Company That Sells Love to America Had a Dark Secret
For thousands of women, working at the nation’s largest jewelry retailer meant unequal pay, harassment or worse. The pay-and-promotions lawsuit against Sterling Jewelers Inc. began the way a lot of these things begin: In 2005, Dawn Souto-Coons walked out of the jewelry store where she had been a successful assistant manager and into a local […]
In the News | The New York Times Magazine
March 8, 2018
Is That Illegal Harassment? What Should I Do?
There’s been a lot of media coverage about sexual harassment in the workplace, leaving many women – and men – wondering exactly what sort of behavior crosses that sometimes-invisible threshold and rises to the level of illegal harassment. You may have the feeling you’re being harassed at work, but you’re not sure whether you have […]
Articles
November 17, 2017
“Does My Company Discriminate Against Women? Frequently Asked Questions by Women in Tech,” Medium
By Aniko R. Schwarcz and Christine E. Webber In August, our colleague Anita Hill addressed the current state of women in technology in an Op Ed in the New York Times. As she points out, Silicon Valley is far from a “seat of human progress” when it comes to its treatment of women ̶ many have recently reported […]
Articles