WDNY — Title VII: Lopez, et al. v. Flight Services & Systems Inc.

U.S. District Court, WDNY

Title VII

English-only Work Policy

Lopez, et al. v. Flight Services & Systems Inc.
07-cv-6186 CJS
Judge Siragusa

Background: The plaintiffs were hired by the defendant as entry-level ramp agents. After approximately seven months of employment, the plaintiffs were terminated. The plaintiffs alleged that, during the seven months they were working for the defendant, they were required to work alone and work past the end of the shift, while white employees were not. Further, the plaintiffs alleged they were told that they could not speak Spanish while on the clock. The defendants moved for summary judgment alleging that the plaintiffs were terminated due to their unreliability and untrustworthy.

Ruling: The District Court granted in part and denied in part the defendants motion. With respect to the English-only rule, the court found that it is not evidence of discriminatory intent. In fact the plaintiffs could not demonstrate that they suffered an adverse employment action related to the rule. However, the court found that the defendants had not proffered a non-discriminatory reason for the unequal treatment with respect to the plaintiff’s complaints concerning their shifts.

Van Henri White for the plaintiffs; Elizabeth A Cordello of Underberg & Kessler LLP for the defendants