U.S. District Court, Western District of New York Case Summaries:

U.S. District Court, Western District of New York

Racial Discrimination

Attorney's Fees

Pasternak v. Baines

00-CV-369

Judge Scott

Background: The plaintiff, who is Caucasian, worked as a youth division aide at the New York State Office of Child and Family Services. The plaintiff alleges that the defendant, his African- American supervisor, harassed him based upon his race repeatedly over a three-year period. In one incident, the defendant referred to an auditor, in the plaintiff's presence, as a "redneck from Kentucky." Allegedly, the defendant referred to plaintiff as a "white boy" and told him on another occasion, "You're not a brother, handle it." A former African-American employee testified for the plaintiff and recalled the defendant referring to plaintiff as a "white honky." After a jury trial, the jury found for the plaintiff and awarded $150,000 in compensatory damages. The defendant has moved to set aside the verdict, arguing that the plaintiff failed to establish a prima facie case of illegal discrimination. The plaintiff moves for attorney's fees.

Ruling: The Court rules that the record supports the jury's determination in this matter. Racially charged comments were made and negative employment actions were taken against the plaintiff. The Court awards attorney's fees in the amount of $111,466.

David J. Seeger for the plaintiff and William R. Hites for the defendant.

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