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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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