United States Second Circuit

In a civil rights action, the district court's entry of judgment for plaintiff is: 1) affirmed where 'race' includes ethnicity under 42 U.S.C. section 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq., and an employer who promotes a white Hispanic candidate over a white non-Hispanic candidate can engage in racial discrimination; and 2) vacated and remanded for a new trial where the district court erred in permitting lay opinion testimony that speculated as to a defendant's reasons for not appointing plaintiff to the position, in violation of Rule 701(b) of the Federal Rules of Evidence.

Appellate Information

• Published 2016/02/16

Judges

• CABRANES

Court

• United States Second Circuit

Counsel