By Ricotta & Marks, P.C. on August 9th, 2021 in
It is Legal to Terminate an Employee for 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
Call 347-464-8694 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. We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.
Ricotta & Marks, P.C., has offices located in Queens, New York and Carle Place, New York, and serves clients throughout New York State, including, but not limited to, clients within Astoria, Bayside, Corona, Elmhurst, Flushing, Forest Hills, Howard Beach, Jamaica, Kew Gardens, Ozone Park, Richmond Hill, Douglaston, Great Neck, Little Neck, Nassau County, Suffolk County, Brooklyn, Bronx, Nassau, and Manhattan.