Appeals court skeptical of Angel Hernandez lawsuit vs Major League Baseball -
A federal appellate court panel expressed skepticism Thursday of umpire Ángel Hernández’s attempt to reinstate his race discrimination lawsuit against Major League Baseball.
Hernández, 61, has been sidelined by a back injury and has not worked on the field since San Francisco’s game at the Chicago White Sox on April 3, his only game this season. “The case law states that when the sole authority is vested in a non-minority, that that can be the basis of the disparate impact claim,” Gregg said.
Menashi listed factors Torre testified to, including strike zone accuracy, missed calls, leadership and enforcing required procedures. “If we don’t overturn that there were legitimate nondiscriminatory reasons here, doesn’t it mean that your client was not harmed by the practice because he was not denied the promotion because of the practice, he was denied the promotion because of the specific reasons the court found were legitimate and nondiscriminatory?” Menashi said.
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