Sorry, this seems fishy. The assistant files a wage claim in November alleging he was owed back wages. So far as I understand, no allegations of racism made then. Any labor lawyer worth his salt suing the saints back then presumably would have vetted his case for all actionable claims. Why are no claims made then?
So the Saints file to have the suit dismissed alleging it is covered by an arbitration clause. It sounds like the case might be thrown out of court and into arbitration, where no plaintiff wants to be.
Wait says the lawyer, I have an idea, lets convert it to a discrimination claim and keep it in federal court. What do you got, he asks his client. Well she made me stay in a room that wasnt nice once.
Not enough for a discrimination claim. What if we say she called me a black sob? Then it make it sound like my un-airconditioned room was like slave quarters and will really make them look bad.
I have seen many discrimination claims. Some have merit, some are contrived because when the race card is played, just the innuendo makes it hard to defend.
Its certainly possible Gayle made these comments. I was not there, I don't know her. I dont know the plaintiff.
But I do know law and what due diligence goes into filing a law suit. And if I read the article correctly, this suit was first filed in November and the new suit came after motions to dismiss the first on an arbitration clause.
If a super labor lawyer has a valid discrimination claim, why did it take him three months to amend? Why after the motion to dismiss?
I hope for his sake he has credible and independent witnesses to back this up and its not just the word of the plaintiff. If Gayle is a racist there should be lots of evidence of her using racial insults, not just the claims of a disgruntled worker.
If there is credible evidence she mistreats employees on the basis of their race, then she is not fit to be the owner of the Saints.
Lets see how it plays out. First question up is why does this claim only come after the first suit was being challenged on an arbitration clause. The second question is can they show some pattern of discrimination or is it just that Gayle did not like this guy?
Lawsuit: Ex-Tom Benson assistant claims he was racially harassed by wife Gayle, treated 'with disdain and disrespect' | The Advocate
On its face it sounds like racial allegations were thrown in as afterthought because they were mad saints were claiming arbitration clause. Did it just dawn on the plaintiff and the attorney this week that the plaintiff was the victim of a racist employer?