Summary
New York City Transit Authority
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Employment & Labor Law.
Second Circuit Finds Arbitrator's Decision Has Probative Weight In Subsequent Discrimination Litigation
The Court of Appeals for the Second Circuit recently ruled that, while an arbitration decision rendered in an employee's favor does not preclude the employee from pursuing a statutory discrimination action in court, "a decision by an independent tribunal that is not itself subject to a claim of bias will attenuate a plaintiff's proof of the requisite causal link" to prevail in the litigation. Collins v. New York City Transit Authority, 305 F.3d 113 at 119 (2d Cir. 2002). James Collins was employed by the New York City Transit Authority ("Transit Authority") from February 17, 1981 through October 22, 1991. Collins, an African- American, had various problems with his immediate supervisors, Peter Fazzi (a white man who was Collins' supervisor from March 1987 to October 1990) and Nabil Badr (an Egyptian who was Collins' supervisor thereafter). During the course of his employment, Collins filed allegations of racial discrimination by Fazzi with the New York State Division of Human Rights ("SDHR") and had numerous disciplinary incidents with both Fazzi and Badr. The final incident occurred with Badr on June 11, 1991, and ended with Collins allegedly punching Badr in the face, breaking his glasses. On June 13, 1991, the Transit Authority terminated Collins for assaulting his supervisor. Collins filed a grievance under his collective bargaining agreement and filed another complaint with the SDHR alleging that his termination was discriminatory and retaliatory. The arbitration board heard evidence during three days of hearings at which Collins was repr...See the full content of this document
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