Keeping Your Interests Ahead of Your Employer's

Protecting Your Rights in the Workplace Is All We Do

It is Legal to Terminate an Employee Based on the Employee’s Real or Perceived Racism?

Judge Denise Cote, of the Southern District of New York, recently held in Olsson v. Wenner Media that it is not illegal to terminate an employee based upon that employee’s real or perceived discriminatory actions.

In the case, Olsson argued that his participation in a racially motivated act, and/or his participation as the subject of an investigation related to racially motivated activity, protected him under Title VII of new York State Law from being terminated for the racially motivated act. The court disagreed, stating that this did not qualify Olsson to be part of a “protected class” that the act would serve.

Olsson, who claims he was terminated in 2009 because his employer suspected he was involved in a racially motivated work incident in 1986, would have had to pursue his claims under a defamation theory. However, to do so he would have had to allege all the elements of defamation, including a willful intent to mislead, which he failed to do in this action.

Contact Ricotta & Marks, P.C.

Call 800-240-9269 or contact us online to speak with our race and nationality discrimination attorneys about your circumstances. Learn more about racial discrimination in the workplace here.

Quick Case Evaluation

Bold labels are required.

I have read the disclaimer.

Privacy Policy.

Office Location

Ricotta & Marks, P.C.
1 Old Country Road, Suite 347
Carle Place, NY 11514

Toll Free: 800-240-9269
Fax: 800-483-4508
Carle Place Law Office Map

Long Island City Office
3110 37th Avenue, Suite 401
Long Island City, NY 11101

Phone: 800-240-9269
Toll Free: 800-240-9269
Fax: 800-483-4508
Long Island City Office Map

Back to Top