A Puerto Rican bus driver and a black fueler-washer for a public transportation provider in New York who alleged they were subjected to offensive slurs, physical threats, and bullying can proceed to trial on their respective national origin and racial harassment claims under federal and state law, the U.S. Court of Appeals for the Second Circuit decided Dec. 21 (Rivera v. Rochester Genesee Reg’l Transp. Auth., 2d Cir., 11-762-cv, 12/21/12).
Vacating summary judgment to the Rochester Genesee Regional Transportation Authority, the Second Circuit found that Enio Rivera and Michael Talton established genuine disputes of material fact that ...
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