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Appellate Victory for Schwartz Perry & Heller LLP


Earlier this week, the New York Law Journal reported on an appellate victory that we obtained for our client.

Our client, an MTA Bus Operator, was subjected to a horrific campaign of race and gender discrimination, which included being called the “ugliest [n----] ever and the fattest also” and an “ugly black fat gorilla [c---].” On her first day, her supervisor stated to the class of new employees, “Damn, MTA is sure hiring a lot of [N-----s] and [S---s]!”

She complained about discrimination and was retaliated against with wrongful discipline that included two separate attempts to terminate her, both of which were reversed at union arbitration.

MTA Bus sought to dismiss the claims that went to arbitration, even though Nelson won those arbitrations. The Appellate Division, First Department, ruled that a jury should decide whether MTA Bus was motivated by discrimination. The court held, “Viewed in context, the alleged pervasive, racist, and sexist comments and conduct preclude summary dismissal of this case as ‘insubstantial.’”

This decision now protects employees who are subjected to baseless accusations that must then be fought in union arbitration. Employees will be protected knowing that, if need be, they can challenge an employer’s unlawful conduct in court.

To learn more about our firm’s recent successes, read our case results. Our New York employment lawyers are proud of the results we have achieved for our clients who have been wronged by their employers.

If you have a workplace discrimination claim, discuss it with the team at Schwartz Perry & Heller LLP by calling (646) 490-0221.