Although they shouldn’t, many New York workers experience discrimination at work. One of the first lines of defense against this inappropriate conduct exists within the employer’s business. An employer that responds appropriately and promptly to an employee who raises a concern about discrimination may be able to mitigate or avoid liability. Too often, though, employers dismiss and trivialize employees’ valid concerns. When that happens, a skilled New York employment discrimination lawyer can help you hold the wrongdoers accountable.
A race discrimination lawsuit involving an airport barista illustrates that allegations that higher-ups brushed aside complaints may strengthen your case.
J.C. was a Latina woman who worked as a barista at the John F. Kennedy Airport. Her supervisor allegedly began treating her with discriminatory hostility almost immediately after she started. Less than a month into J.C.’s employment, the supervisor allegedly asked J.C., “Are you stupid... all Spanish people are stupid.”
The same day, J.C. approached a terminal director, who was a “higher level supervisor,” and reported what Keshana had said. Rather than taking action, the director told J.C. to “take a shot of whiskey and that it would all be okay.” J.C. took the matter to a second terminal director, who promised to “monitor Keshana,” but ultimately took no action.
Less than a month later, J.C. experienced another incident. This time, Keshana allegedly asked the barista if she wanted her to repeat a set of instructions in Spanish because “Spanish people are slow.” This hostile interaction caused J.C. to have a panic attack, for which she took short-term disability leave. When she returned from leave, the employer terminated her employment.
After that, J.C. sued her employer for racial discrimination in violation of federal, state, and city law. The employer responded by asking the court to dismiss the lawsuit entirely. (Defense motions to dismiss or for summary judgment are common pretrial maneuvers where the defense seeks to end the case before it makes it to trial.)
In J.C.’s case, the court rejected the defense motion in its entirety. The barista’s federal law claim required that she sufficiently allege that she was a member of a racially protected group and that the employer had an “intent to discriminate based on race.” Regarding the latter requirement, the law requires the employee to assert that she would not have suffered the discriminatory punishment “but for race.”
The barista had all those things in her complaint. She alleged that she was a Hispanic person, satisfying the protected-group requirement. Additionally, despite the employer’s arguments to the contrary, the barista’s allegations made for a plausible contention that discrimination based on J.C.’s race was the but-for cause of her firing.
The Importance of the Directors’ Conduct
The directors’ inaction was key in satisfying this pleading requirement. Had a higher-level employer responded swiftly and appropriately to address Keshana’s behavior, the barista’s case would not have been as strong. However, the barista’s case set forward a situation where Keshana yelled at her on multiple occasions, each time including racially discriminatory comments about Hispanic people in general.
On both occasions, the barista brought the attention to higher-level supervisors, but they either did nothing or made light of it (telling her to drink alcohol). As the court explained, considering Keshana’s comments, paired with the directors’ failure to take the problem seriously and their inaction, J.C.’s allegations made a viable claim that “she would not have been fired but for the fact that she is Hispanic.”
Seeking justice can involve multiple legal claims, including those under federal, state, or local law. It may also involve suing your employer or suing your employer and other individuals within the company. To ensure you are following the best path to get justice, you need the right advocate. The experienced New York City race discrimination attorneys at Phillips & Associates PLLC are here to be that advocate for you. Our team has a long record of effectively assisting employees in both state and federal courts. To learn more, please get in touch with us online or call (866) 229-9441 to schedule a free and confidential consultation today.