Theodore Rosenblatt, a white attorney, worked for the law firm of Bivona & Cohen
ID: 385851 • Letter: T
Question
Theodore Rosenblatt, a white attorney, worked for the law firm of Bivona & Cohen, P.C. When Bivona & Cohen terminated Rosenblatts employment, he filed a suit in a federal district court against the firm. Rosenblatt claimed that he had been discharged because he was married to an African American and that a discharge for such a reason violated Title VII and other laws. The firm filed a motion for summary judgment, arguing that he was alleging discrimination against his wife, not himself, and thus did not have standing to sue under Title VII for racial discrimination.
Should the court grant or deny the motion? Explain. [Rosenblatt v. Bivona & Cohen, P.C., 946 F.Supp. 298 (S.D.N.Y. 1996)]
Explanation / Answer
The court should deny the motion. According to Title VII of Civil Rights Act, it is unlawful to discriminate against any employee because of race or color in regard to hiring, promotion, firing or any other employment activities. It also prohibits intentional discrimination and according to the law equal employment opportunity cannot be denied because of marriage to or association with an individual from a different race. Hence the termination of Rosenblatt after marrying an African American woman comes under Title VII based on racial discrimination and the court would deny the motion.
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