New NY Governor Faces Discrimination Suit
More drama from the New York Governor’s Office . . .
On the eve of replacing Elliot Spitzer and becoming New York’s first black governor, David Paterson faces charges that he engaged in reverse discrimination while he served as Senate Minority Party Leader.
Joseph Maioriello, a white former staff photographer, claims that he was fired so that his job could be given to a black photographer.
Paterson, who is legally blind, contends that his actions were race neutral because he literally can’t see any difference between white and black employees. “Given my visual impairment, I did not know for certain the race of either,” he says. “Race never entered my calculus in determining who should be on my staff for the position of photographer or any other position.”
Maioriello filed a $1.5 million discrimination suit after the EEOC concluded that “there is reason to believe that [civil rights] violations” had occurred. The EEOC found a potential pattern of discrimination based on Maioriello’s allegations and charges that Democrats also allegedly fired a white graphic artist and replaced her with a Hispanic employee after Paterson assumed leadership. The EEOC also found “no evidence to substantiate” claims that Maioriello was terminated for poor performance. According to the EEOC, Senate lawyers have failed to produce any evidence that he ever received a negative evaluation.
Maioriello claims that he was told by Paterson’s chief deputy, Jack McPadden, that he was being terminated because “minority senators had requested hiring an individual of a racial minority.” McPadden denies making that statement. Maioriello also claims that his replacement was hired at $48,000, substantially more than the $34,206 he was paid.
A federal judge rejected an attempt last month by state Democrats to dismiss the case. The judge concluded that there is evidence “from which a jury could find that [Maioriello] was terminated so that Sen. Paterson could hire an African-American photographer.”
The case could be settled during an upcoming court conference scheduled for May 19. Stay tuned.
March 17th, 2008 at 1:52 pm
It is interesting that Joe Maiorello had no problem when he used his friends in the legislature to push out other employees. Good for the goose is good for the gander.
March 26th, 2008 at 3:19 pm
Your readers might want to check out the March 22 post at http://www.seenthenews.blogspot.com for details on a race discrimination case recently decided by U.S. District Judge Ivan Lemelle in Louisiana.