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Case Name Baergas v. City of New York EE-NY-0217
Docket / Court 04-cv-2944 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Case Summary
On April 16, 2004, a former Macy’s employee filed this lawsuit in the Southern District of New York. The plaintiff sued the City of New York, the New York City Police Department, Federated Logistics, Federated Department Stores, Inc., Macy’s East, the Frick Company, managerial staff and other ... read more >
On April 16, 2004, a former Macy’s employee filed this lawsuit in the Southern District of New York. The plaintiff sued the City of New York, the New York City Police Department, Federated Logistics, Federated Department Stores, Inc., Macy’s East, the Frick Company, managerial staff and other employees at Macy’s East, and individual police officers under 42 U.S.C. § 1983, New York State Human Rights Law, Executive Law §290, and the New York City Human Rights Law § 8-107. The plaintiff, represented by private counsel, alleged that his employers discriminated against him because of his race. He further alleged that his employers accused him of stealing from the store, denied him legal or union representation, and subsequently took him to the police station after he refused to sign a document stating that he had stolen. The plaintiff sought punitive damages and legal fees.

The plaintiff had two allegations against his employers: (1) discrimination because the plaintiff and fellow employees of color were passed over for promotions despite the plaintiff’s lengthy employment at Macy’s and his positive performance reviews; and (2) hostile work environment as evidenced through racist comments and a “Shortage Awareness” program that rewarded employees for accusing fellow employees of theft. The plaintiff also claimed that on March 6, 2002, he was arrested for allegedly stealing from Macy’s. The plaintiff claimed that the prosecution continued despite his employer’s inability to produce proof of theft. The plaintiff therefore included the City of New York, the New York City Police Department, and individual police officers for his alleged unlawful arrest and malicious prosecution.

On September 2, 2004 the defendants filed a motion to sever the plaintiff’s discrimination allegations from his arrest and prosecution allegations. The defendants argued that the allegations pointed to different occurrences. On September 26, 2005 U.S. Magistrate Judge Pitman denied the defendants’ motion. 2005 WL 2105550.

On April 1, 2005, the defendants filed three separate motions for summary judgement. The NYPD and the City of New York filed a motion for summary judgement on the grounds that: (1) “the NYPD is not a suable entity; and (2) the plaintiff failed to meet his burden to establish liability against the City of New York.” Macy’s filed a motion for summary judgement and claimed the plaintiff could not prove that he was passed over for promotion because of discrimination and that Macy’s could be held liable for the conduct of its employees in this case. Finally, an individual defendant manager at Macy’s East filed a motion for summary judgement on the claim that the plaintiff failed to provide sufficient evidence that the manager was involved in the plaintiff’s arrest or was liable for the plaintiff’s treatment at work. On March 15, 2006, Judge Jones granted all three motions for summary judgement citing the reasons laid out in the motions for summary judgement and for the plaintiff’s failure to follow the Federal Rules of Civil Procedure.

On April 13, 2006, the plaintiff filed an appeal. On January 12, 2007, this appeal was dismissed with prejudice. No further explanation for the appeal or dismissal is accessible, and the case is now closed.

Gabriela Hybel - 10/03/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Law-enforcement
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Discrimination-basis
Race discrimination
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
State Anti-Discrimination Law
State law
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Defendant(s) City of New York
Macy's East
New York City Police Department
Plaintiff Description Plaintiff is a Hispanic man who worked at Macy's Department Store for ten years.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:04-cv-2944 (S.D.N.Y.) 11/05/2008
EE-NY-0217-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint and Jury Demand 04/16/2004
EE-NY-0217-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of the Macy's Defendants' Motion to Sever 09/02/2004
EE-NY-0217-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants City of New York and New York City Police Department's Memorandum of Law in Support of their Motion for Summary Judgment 04/01/2005
EE-NY-0217-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
The Macy's Defendant's Memorandum of Law in Support of their Motion for Summary Judgment 04/01/2005
EE-NY-0217-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Brief in Support of Defendant Scott Chester's Motion for Summary Judgment 04/01/2005
EE-NY-0217-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment 06/17/2005
EE-NY-0217-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 09/26/2005 (2005 WL 2105550 / 2005 U.S.Dist.LEXIS 18785) (S.D.N.Y.)
EE-NY-0217-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/15/2006 (S.D.N.Y.)
EE-NY-0217-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Jones, Barbara S. (S.D.N.Y.)
EE-NY-0217-0007 | EE-NY-0217-0008 | EE-NY-0217-9000
Pitman, Henry B. (S.D.N.Y.) [Magistrate]
EE-NY-0217-0007 | EE-NY-0217-9000
Monitors/Masters None on record
Plaintiff's Lawyers Shen, Michael (New York)
EE-NY-0217-0001 | EE-NY-0217-0006 | EE-NY-0217-9000
Wallace, Ian Francis (New York)
EE-NY-0217-0001 | EE-NY-0217-0006 | EE-NY-0217-9000
Defendant's Lawyers Daitz, Elizabeth M (New York)
EE-NY-0217-9000
Eichenholtz, Seth D (New York)
EE-NY-0217-9000
Gugel, Alison Elaine (New York)
EE-NY-0217-0003 | EE-NY-0217-9000
Krebs, Diane (New Jersey)
EE-NY-0217-0005 | EE-NY-0217-9000
Raisty, Laura Mae (Massachusetts)
EE-NY-0217-0002 | EE-NY-0217-0004 | EE-NY-0217-9000
Saunders, Diane Marjorie (Massachusetts)
EE-NY-0217-0002 | EE-NY-0217-0004 | EE-NY-0217-9000
Other Lawyers None on record

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