2 Plaintiffs, 2 Complaints, 1 Lawyer: Cicchiello Attorney Sues New London

Two cases against New London alleged that the plaintiffs, both Black men, were fired due to racial discrimination.

But the plaintiffs face the difficult task of proving racial prejudice in the workplace.

Spotted on Law.com Radar: The plaintiffs, Mark Holeman Jr. and Robert Taitague, both worked in the Department of Public Works. Their lawyers are John E. Sheer and Lorenzo J. Cicchiello of Cicchiello & Cicchiello.

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Holeman alleged a white co-worker said there was a “different set of rules” for Black employees, and was told by another white employee to “stay away” from other Black employees.

He alleged that at a meeting with the human resources department, he was told that he was fired for just cause, but no further explanation was given.

Taitague, meanwhile, alleged that he was fired over his performance. However, the complaint claimed that his supervisor said he was doing a good job, and Taitague had never received any discipline or comment on his work performance before his termination.

In addition, the complaint said white employees who had performance and attendance issues were not discipline or fired, and one white employee with attendance issues was given a promotion.

Both plaintiffs alleged that the defendant violated Connecticut General Statutes §46a-60(b)(1) and Title VII.

Elizabeth M. Smith and Johanna G. Zelman of FordHarrison removed both cases to U.S. District Court in Connecticut on Monday on the city’s behalf. The defense counsel did not respond to a request for comment.

‘A Pattern That Develops’

Meanwhile, plaintiff counsel Cicchiello said proving racial discrimination can be a challenge, particularly in the employment context. He said that in some cases, there are clear “hostile remarks or slurs,” but this is uncommon.

“The strategies typically involve knowing the employer and histories they have had with racial issues,” Cicchiello said. “An important fact to know is the racial makeup of the workforce, and the makeup of particular departments.”

Attorneys can then look for tendencies that management has during the hiring process, and employee retention.

“We also look to differential treatment situations and determine if there is a pattern that develops in the employer practices in how they deal with employees of particular races,” Cicchiello said. “The employees who experience illegal discrimination can often provide detailed information about these factors.”