On Tuesday, February 17, 2015, the Second Circuit upheld Judge Margo K. Brodie’s grant of summary judgment to Owens and Minor Distribution, Inc. (O&M) in a race and national origin discrimination and retaliation case. The Second Circuit agreed with the Eastern District of New York’s decision that O&M, a distributor of medical and surgical supplies, presented a legitimate non-discriminatory and non-retaliatory reason for terminating Mr. Joseph. In its well-reasoned decision, the district court provided a helpful reminder in guiding employers through the employment cycle of an employee with performance difficulties.
Articles Discussing General Race Discrimination Topics.
Despite the heightened scrutiny given to reverse racial discrimination claims, it is difficult but not impossible to prevail under the right circumstances.