Employment Discrimination Suit Victory For Spanish Broadcasting

As reported on the front page of the July 21, 2010 New York Law Journal, on July 12, 2010, U.S. District Judge Richard Sullivan granted summary judgment dismissing all remaining counts of a thirteen-count complaint, including claims for age, national origin and race discrimination under federal, state and New York City statutes, brought by a former senior account executive against our client, Spanish Broadcasting System, Inc. (“SBS”). Plaintiff claimed that he was terminated in furtherance of a scheme by SBS to "Anglicize" its workforce in the aftermath of 9/11 in an effort to market to mainstream advertisers. Judge Sullivan found that "it is not this Court's function to 'second-guess business decisions regarding what constitutes satisfactory work performance'"; and that "the substantially diverse makeup of SBS's workforce and management strongly suggests that its decision to terminate plaintiff was not racially motivated." This was the first employment discrimination case litigated to judgment for SBS since the firm began representing SBS, almost 25 years ago. William Zifchak authored the final determinative summary judgment briefs and pertinent motion papers, after a lengthy period of motion practice and discovery. The decision is reported at 2010 WL 2813632 (S.D.N.Y. July 12, 2010).