Met be Replaced by Sexual Harassment Panda? This news was essentially buried under a news day involving new Ray Rice video footage and talking heads trying to determine whether or not Danny Ferry is just a little bit racist or racist enough to be fired for his comments regarding Luol Deng.
Sexual harassment panda bar new york will attempt to shed more light on an intriguing news story which was essentially skipped over. The facts of the allegations are essentially this. Leigh Castergine was a rising star in the Mets front office holding a position as one of the top marketing and sales executives.
When Castergine became pregnant, she alleges her employer, Mets owner Jeff Wilpon subjected her to harassment and eventually termination because of the fact that she was pregnant, and subsequently a mother, without being married. The specific allegations are appalling, facepalm worthy and can be read in the full complaint.
This article will examine the framework of some of the legal arguments Castergine has levied at the Mets and Wilpon, and what the Mets likely response will be. Complaints under these laws are analyzed Sexual harassment panda bar new york the same framework as Title VII cases. Title VII is the main Sexual harassment panda bar new york anti discrimination statute. First, she must show she is in a protected class. This is met easily, as Castergine can show she is part of three distinct protected classes based on sex, pregnancy, and familial status.
Next Castergine will have to show she was actively or constructively terminated. This will also be easily met as she was indeed terminated. Castergine will have to show she was qualified for her position. This will likely be as the details of her complaint recount numerous awards and performance bonuses Castergine received over time.
Finally Castergine will have to show she was terminated under an inference of discrimination. The comments and behavior on the part of Wilpon and the Mets Organization in the complaint will be sufficient to prove this inference of discrimination. Once the prima facie case has been met, the Employer will have the opportunity to proffer a non discriminatory reason for the termination.
Assuming a court finds this a legitimate reason performance based firings Sexual harassment panda bar new york usually legitimate the burden will shift back to Castergine to show that this proffered reason Sexual harassment panda bar new york a pretext for discrimination. It will be important for Castergine to note assuming the allegation is accurate that issues with her performance were not discussed with her until nearly a year after the alleged harassment of her began.
Sexual harassment panda bar new york prima facie case for this claim is as follows. First Castergine will have to allege she was part of a protected class, she is clearly of three protected classes as described above. Second, that she was subject to unwelcome Sexual harassment panda bar new york, that the harassment was based on
Sexual harassment panda bar new york status in a protected class, that the Sexual harassment panda bar new york was so severe as to affect a term or condition of employment and Sexual harassment panda bar new york the employer knew about the harassment and did nothing.
The key to this argument will be whether or not the harassment was so severe as to affect a term or condition of employment. Single or isolated incidents of harassment generally do not rise to an actionable level. Since the owner was allegedly responsible for the harassment, it is unlikely the employer would have a defense based on appropriate remedial
Sexual harassment panda new york. Castergine engaged in protected activity when she complained to human resources about the harassment.
For this cause of action, if a plaintiff proves all the elements, the verdict will be for the plaintiff. Assuming the details of the complaint are not only accurate but provable, it is difficult to see how Castergine could lose on any of the above three causes of action.
However, much of the complaint regards statements made by the owner of the Mets. These may be difficult to substantiate.
Other employees may not be quick to stand up and testify fearing retaliation against their own careers for doing so. In essence it could come down to who the finder of fact in the case assuming it goes to trial finds more believable, Castergine, or Wilpon and the parade of Mets employees he will call to the stand for his defense.
Columbia University F. Tags baseball labor law mlb. You may have heard that Bryce Harper signed Sexual harassment panda bar new york contract extension last week: Jeremy lives in Phoenix and works as in-house counsel, specializing in mergers and acquisitions, for a private management company with holdings in the oilfield services, refrigerated trucking, industrial fabrication and construction industries.
Prior to that, he spent six years working for various sports agencies representing NBA, MLB and NFL players where he worked extensively on salary cap and collective bargaining issues. Jeremy graduated Tulane University School of Law in with certificate in Sports Law and graduated cum laude from the University of Pennsylvania in with a degree in Philosophy,
Sexual harassment panda bar new york, and Economics.