| Discrimination Suit Against
Major League Baseball by Umpire Hernandez
Expands To Disparate Impact
By Matthew
Russell Lee, Patreon
BBC
The
Times (UK) Honduras
- The
Source
SDNY COURTHOUSE,
Nov 12 –
Umpire Angel Hernandez'
discimination lawsuit against
Major League Baseball and its
Commissioner Joe Torres got a
save on November 26 when his
amending his complaint to
include a cause of action for
disparate impact
discrimination was allowed by
U.S. District Court for the
Southern District of New York
Magistrate Judge Gabriel W.
Gorenstein.
Hernandez has cited the lack
of racial and ethnic
minorities among the umpires
who are made crew chiefs or
assigned to work World Series
games.
He
has zeroed in on subjective
factors like "leadership" used
by Commissioner Torre, and the
fact that deposition testimony
shows that Torre does not
review the daily reviews of
umpires, only periodic and
more subjective reports. More
on Patreon here.
MLB for its part claimed that
Hernandez should be barred
from amending his complaint
since he did not allege
disparate impact to the EEOC,
and because more discovery
would be necessary, leading to
delay.
Judge Gorenstein disagreed
that more discovery is needed,
and cited his one of his own
decision since, he said, it
phrased things the way he
liked them.
He expressed some frustration
with MLB's attorney insisting
on calling disparate impact
"adverse impact," and praised
Hernandez' Kentucky-based
lawyer for knowing when to sit
down.
"Good
choice," Judge Gorenstein
said. He apologize at one
point his language, apparently
for using the word "ump."
Inner City Press was one of
only two people in the
courtroom gallery and will
continue to follow this case.
It is Hernandez v. The
Office of the Commissioner
of Baseball, et al.,
18-cv-9035 (Oetken /
Gorenstein).
***
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