MAJOR SPORTING GOODS RETAILER WINS REVERSE DISCRIMINATION LAWSUIT AFTER TWO WEEK JURY TRIAL

December 2, 2005 Syosset, New York

Simmons, Jannace & Stagg represented Footlocker, Inc. in connection with a lawsuit filed by a white female employee claiming reverse discrimination by her African-American store manager. She argued that the store manager "got rid of" all of the white employees and hired all African-Americans.

In addition, she claimed that Footlocker retaliated against her by reducing her work hours after she filed an EEOC complaint. Then, she argued, her position was eliminated as a further act of discrimination. She sought damages of Two Million Dollars under the New York State Human Rights Law and the New York City Administrative Code.

At the start of trial, the firm filed a motion in limine to prevent plaintiff from adducing prejudicial hearsay evidence at trial. The judge agreed and forced plaintiff to testify only as to relevant matters concerning her employment.

At the trial, we produced evidence that Footlocker acted in a non-discriminatory manner. We adduced testimony that none of the African-American employees hired by the store manager replaced plaintiff. Even more significantly, just before summation, the firm made a motion to strike plaintiff's punitive damages claim under the New York City Administrative Code. The firm argued that even giving plaintiff the benefit of the doubt, there was no evidence that Footlocker intentionally violated the New York City Administrative Code in connection with any hiring decisions. The court agreed and struck plaintiff's claim for punitive damages.

After a two week trial, the jury found for Footlocker. Significantly, in response to jury verdict interrogatories, the jury found that plaintiff had failed to make her prima facie case, both in respect to her discrimination claim and her retaliation claim.