Hatian Man Files EEOC Charge Against LNR Property LLC

Our law firm was recently hired to represent a Haitian-American man in a discrimination complaint against his former employer, LNR Property LLC. The charge of discrimination was filed with the EEOC this month, and alleges discrimination based on race, national origin and sex.

Our client worked at LNR for over 10 years and seemed to be doing just fine. About one year ago, he got a new supervisor, and that is when he alleges the discrimination began against him because he is not Hispanic like most of his co-workers. He alleges that co-workers including his supervisor constantly spoke in Spanish and excluded him from such conversations and other work activities.

The issue of speaking foreign languages in the work place continues to be a hot issue in discrimination cases. Our law firm is handling several cases in Miami concerning similar issues.

In accordance with federal law, the EEOC will be conducting an investigation of our client’s complaint, after which, he can take his case to federal court.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Kroger Files Motion to Dismiss Race/Sex Harassment Lawsuit

In a case that our law firm has been handling, the employer, Kroger, has filed a motion for summary judgment seeking to have the lawsuit dismissed. They claim that there are insufficient disputed facts to warrant a trial. The case is pending in US District Court in Houston and is set for trial this summer.

In this case, our client filed a lawsuit in federal court, claiming that a co-worker harassed her because she is black and female, by among other things, calling her a “nigger.” Store managers, Raymond Wei and Mike Childs, have signed statements on behalf of Kroger’s motion.

Co-manager of the Kroger store (in Sugar Land, Tx), Raymond Wei, verifies that our client complained about a co-worker using curse words at her, and he notes that a customer verified our client’s complaint. Store manager Mike Childs has verified that the offending employee was disciplined at least one time, yet, his employer still seeks dismissal of the case.

In their motion, Kroger claims that our client cannot prove sufficient facts to win, so the judge should dismiss the case. This is a common defense tactic in almost every discrimination case. Unfortunately, many times a judge will dismiss the case without the employee-victim ever getting their day in court for a trial. In this case, we plan to respond to the motion with compelling evidence, so hopefully the judge will let our client proceed to trial before a jury.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Race Discrimination case at U.S.Court of Appeals

Today, we have oral argument before 3 judges at the U.S.Court of Appeals in New Orleans, on a race discrimination case. This is one court below the U.S.Supreme Court.

The case is called Linda Criner vs. Texas New Mexico Power (TNMP) Company. We represent Linda Criner, an employee of TNMP, who stated in her lawsuit that she was being discriminated against because of her race. Ms. Criner is black and the evidence showed that most of her co-workers are white. Further, she alleged that she was constantly turned down for promotions within the company because of her race. Her filings with the court talked about a “good ole boy” network within the company where almost all promotions she applied for, go to white men.

Despite the large amount of evidence filed with the U.S.District Court in Houston, the judge refused to allow Ms. Criner to have a jury trial. Instead, the judge dismissed the case completely, on the company’s motion for summary judgment.

While such motions are common, many judges still allow the case to go to trial, in order to let the jury decide. In this case, Ms. Criner never had her day in court.

An appeal was filed, and, in an unusual move, the U.S.Court of Appeals, granted oral argument. This is unusual because many times the court of appeals will simply read the lawyers’ briefs and make a decision without hearing oral argument.

The case will be argued by Lauren Schlossberg of our Miami office, at the court of appeals today. Typically it takes 30-90 days to receive a decision. Ms. Criner, the alleged victim of the race discrimination plans to attend the oral argument in New Orleans, as well.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Depositions continue in Carnival Cruise Line Race Discrimination case

I took another deposition yesterday in our client’s race discrimination/retaliation case against Carnival Cruise Lines. The deposition took place at our Coane and Associates office in South Beach, not far from the Carnival headquarters in Miami.

Today’s deposition was of the Singer Supervisor, who auditions and hires singers to perform on Carnival cruise ships. Our client, a black male, was a production singer on board the Carnival Inspiration ship. After his six month tour as lead singer, he was not offered a renewal contract. Our client alleges that he was not renewed because he is black, and in retaliation for complaining about discrimination to the EEOC.

At today’s deposition, the supervisor said that our client is not barred from re-hire, but just isn’t at the top of his list. Our client says he isn’t at the top of the list because he is being retaliated against for complaining to the EEOC about alleged discriminatory practices. The case is set for jury trial on September 24 in federal court in Miami.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Race Discrimination Case Against Kroger Set for June Trial

Our law firm, Coane and Associates, PLLC is currently representing a black female who has worked for over 15 years in one of the largest retail food companies in the United States, Kroger Co., LLP. When our client became an employee of Kroger in 1995, she was well qualified for the position and had been a productive and competent cashier at the Kroger store in Sugar Land, Texas.

Our client’s lawsuit alleges that she has experienced a hostile work environment, discrimination and sex and racial harassment from a co-worker. Our client alleges that the co-worker (now fired) would call her names (including the “N” word) and stalk her before and after work. What’s worse is that when she reported it to the general manager of the Kroger store, the management still did not take any action about it, claiming that the man was a “special needs” employee, and she should ignore his harassment.

Our client’s complaints, which she filed on February 2009, include violation of Title VII and Retaliation, and Negligence. She states that she was retaliated against when her work schedule unexpectedly changed to a later shift and her original shift was given to employees with less seniority.

Interestingly, our client continues to work at the Kroger store in Sugar Land, Texas, notwithstanding her federal court lawsuit against the company. Perhaps the fact that she is a member of a union, allows her job to be protected during the litigation. Trial is set for June 2012 in Houston, Texas.

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Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

Depositions Continue in Carnival Cruise Lines Race Discrimination Case

This week, I will be in New Orleans to take a witness deposition for my client in his race discrimination case against Carnival Cruise Lines. My client was a lead singer/dancer aboard Carnival ships, and he alleges in this lawsuit that his contract was not renewed and that he was treated unfairly because of his race (black).

In this case, the witness is a fellow performer at Carnival, and is leaving his Carnival ship in New Orleans, where it is docked, for the deposition.

The lawsuit seeks reinstatement and back pay for my client, Derrick Townsend, and is scheduled for trial in Miami federal court later in 2012.

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Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

Race discrimination case against Carnival Cruise Lines

Tomorrow, I am taking a deposition in my client’s case against Carnival Cruise Lines. My client was a lead singer aboard Carnival ships and the company refused to renew his contract at the end of 2009, and again in 2010. After he filed a complaint with the EEOC, they continued to refuse to take him back, which he believes is in retaliation for filing with the EEOC. Tomorrow’s deposition is of one of his supervisors, and a current employee of Carnival.

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Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.