County Attorney Axed After Emailing Akin Gump Advances Bias Suit

A Hindu man of Indian descent who was fired from his position as an assistant county attorney in Delaware after emailing outside counsel at Akin Gump is moving forward with part of his federal lawsuit claiming discrimination and due process violations.

Sanjay Bhatnagar sufficiently alleged he was fired for minor violations while his white, Christian coworkers kept their jobs after engaging in more serious insubordination, including yelling at coworkers during a meeting, Judge Colm F. Connolly of the U.S. District Court for the District of Delaware said Monday. The New Castle County, Del., defendants argued Bhatnagar’s conduct wasn’t sufficiently similar to that of his coworkers, but Connolly said that determination was better made during later stages of litigation.

Bhatnagar also claimed he was fired without pre- and post-termination hearings in violation of his due process rights. Connolly disagreed, saying the Delaware Code unambiguously provides that assistant county attorneys “shall serve at the pleasure of the County Attorney,” which “ends the matter.”

Connolly also rejected Bhatnagar’s attempt to impose liability on the county for termination decisions made by county employees.

Bhatnagar worked as an attorney for New Castle County from 2017 until 2020, when he sought assistance on a project from outside counsel at Akin Gump Strauss Hauer & Feld LLP. His supervisor chastised him for this action, and Bhatnagar responded with an email defending his decision. He was fired the next day and told he had both breached county protocol and sent a “grossly insubordinate” email.

Neuberger Firm PA represents Bhatnagar. McCarter & English LLP represents the defendants.

The case is Bhatnagar v. Meyer, 2021 BL 482953, D. Del., No. 1:21-cv-00126, 12/20/21.