Security personnel stand with dogs at the entrance to the U.S. Open Championships tennis tournament in New York, August 31, 2015. REUTERS/Lucas Jackson
(Reuters) - A David and Goliath lawsuit was revived on Monday when a federal appeals court in New York decided that a Black security guard can refile a retaliation case against the United States Tennis Association.
The decision by a three-judge panel of the 2nd U.S. Circuit Court of Appeals is a temporary win for Sean Felder. But it’s a setback for workers’ rights, generally. The court’s ruling carves out a trapdoor in the main federal law banning discrimination in employment and allows companies wiggle room to engage in exactly the sort of discriminatory practices the statute is intended to prevent.
The court held that Felder, who initially sued without the help of an attorney, can amend his complaint to show that the USTA would have been his “joint employer” if he had been issued credentials to work at the 2016 U.S. Open in New York City. Felder alleges his supervisor at AJ Security told him the USTA denied his credentials as retaliation over Felder filing an earlier lawsuit alleging that white guards got better assignments than Black employees during the 2009 tournament.
A spokesperson for the USTA told me the organization does not comment on ongoing litigation. Felder didn’t respond to a request for comment. AJ Security did not immediately respond to a request for comment for this column.
Workplace laws and laws...
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