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New York Guard Awarded $120,000 for Hostile Work Environment From Racial Discrimination

New York Guard Awarded $120,000 for Hostile Work Environment From Racial
Discrimination

A New York federal jury has awarded a guard $120,000 in his claim
that fellow guards created a hostile work environment for him because he is
African American.

Michael Antonio Patterson was hired in February 1998 as a guard by
New York's Oneida County Sheriff's Department. Two weeks shy of his one
year probationary period, Patterson was terminated on February 9, 1999.

Patterson filed suit in a New York federal court against several
of his co-workers, including guard William Balsamilo and supervisor Lt.
Joseph Rende. He raised claims of racial discrimination, hostile work
environment, and intentional infliction of emotional distress. The
defendants moved for summary judgment, which the district court granted.
In an unpublished opinion, the Second Circuit Court of Appeals reversed,
but only on the claims against Balsamico and Rende.

At trial after remand, Patterson claimed three white guards,
including Balsamico, locked him in a room, sprayed mace in his face,
punched his ribs, and covered him with shaving cream. Balsamico then
said, Now you're a white man with an Afro." Patterson claimed Rende
refused to speak to him or return his salute, but saluted and spoke to
white guards.

In their defense, the defendants claimed Patterson was terminated
for poor work performance, which included an assault of a prisoner and
interference with a drug investigation. Patterson was subsequently
exonerated of the assault.

The jury entered a unanimous mixed verdict on October 24, 2004.
It found Rende's actions were racially motivated, but as his actions did
not create a hostile work environment he was not liable. Balsamico's
actions, however, were found to create a hostile work environment that
inflicted emotional distress. To remedy that harm, the jury awarded
Patterson $100,000 for emotional distress, $20,000 in punitive damages and
$1 for the hostile work environment created by the racial discrimination.

Patterson was represented by attorney A.J. Bosman in Utica, New
York. See: Patterson v. Balsamico, U.S.D.C., ND NY, Case No: 00-CV-1940.

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Related legal case

Patterson v. Balsamico