SUMMARY JUDGMENT VICTORY FOR MUSLIM PLAINTIFF IN RACE DISCRIMINATION CASE
A New York City Police Officer, who is Muslim, has prevailed in a Motion for Summary Judgment in his race discrimination suit under Title VII of the Civil Rights Act and 42 U.S.C. §1981. The officer claims that a counter-terrorism advisor to the New York Police Department, created a hostile work environment by subjecting him to discriminatory remarks and constantly forwarding emails degrading Muslims to the plaintiff and other NYPD personnel.
The U.S. District Court for the Southern District of New York dismissed the defendant's argument that his comments and emails were “free speech” that should be protected by the First Amendment because “acts are not shielded from regulation merely because they express a discriminatory idea or philosophy.”
The Court’s ruling elucidates that race discrimination in the workplace is not constitutionally protected free speech. The case is John Doe Anti-Terrorism Officer v. The City of New York, 06-CV-13738.
