Judge Determines Ex-NHLer Cannot Sue for Sexual Discrimination Simply Because He’s a Man
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A former NHL player, Roenick, was fired in February 2020 for making comments in poor taste about a female co-worker during a podcast. A New York federal judge decided in June 2021 that Roenick cannot sue for sexual discrimination simply because he’s a man.
Details of the Case: Roenick v. Flood et al
Court: U.S. District Court for the Southern District of New York
Case No.: 1:20-cv-07213
The Plaintiff: Roenick v. Flood et al
In February 2020, Roenick was fired for an off-color joke made about a female co-worker during a podcast. Roenick responded by suing Flood, NBC Sports, NBC Universal, Comcast, and 10 John Does on 12 different causes of action in July 2020. Roenick alleged he was not given the opportunity to correct his behavior, which was in violation of his contract.
The Defendant: Roenick v. Flood et al
The majority of claims made by the plaintiff in the case were dismissed by the judge in June 2021. Dismissed claims included all claims made against NBC and Comcast. Aiding and abetting claims may proceed against Flood and the various John Does since the complaint sufficiently alleged the network retaliated against the ex-NHLer by terminating him from his position shortly after the confrontation between Roenick and Flood about harassing statements Flood allegedly made to Tappen. Defendants in the case did not seek to dismiss the breach of contract claim or two gender-related retaliation claims brought under city and state laws.
The Case: Roenick v. Flood et al
Judge John P. Cronan, U.S. District Judge, dismissed the majority of Roenick’s lawsuit including all the claims made against NBC Sports and Comcast. Roenick argued that his joke on the podcast about a threesome with his wife and a co-worker, Kathryn Tappen, wasn’t any different from comments made by other NBC personalities Johnny Weir and Tara Lipinski. Roenick claims his behavior is being singled out because of the three on air personalities, Roenic, Lipinski, and Weir (who is gay), he is the only straight man. However, the judge described Roenick’s comment as “categorically different” in comparison to those made by Lipinski and Weir in an NBC skit.
If you have questions about California labor law and how it protects you from workplace retaliation and breach of contract, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
