During his historic appearance before the NAACP last night President Obama confirmed the fact that discrimination still is a problem in America.

On July 15, 2009, during Judge Sotomayor's confirmation hearing, Mr. Ricci a white firefighter employed by New Haven Ct had the opportunity to present his side of his reverse discrimination case.  Unlike Ricci I haven't had the chance to present my case to the America public.  In this video I tell part of my story. I discussed two retaliatory issues that I listed in my lawsuit. Based on the false explanations given for both retaliatory action and the fact that I present direct evidence that proved that the explanation were false, I should have survived summary judgment as a matter of law.

In my Pro-Se oral argument and my declaration(s) in support of my motion for summary judgment and in opposition to the Defendant’s motion for summary judgment I presented my legal argument. I informed the court of the perjured declarations filed by Mike Russo, Assistant New York State Attorney General.  My case should not be dismissed based on FRCP 56 (c) (summary judgment) because material issues of fact AND law existed. 

Based on two precedent summary judgment rulings made by the United States Supreme Court a jury should have decided my case.  Those cases are Anderson v Libby Lobby, Inc., 477 U.S. 242, 255 (1986) and Reeves v Sanderson Plumbing Products, Inc 530 U.S. 133 (2000).

The United States Supreme Court in Reeves v Sanderson Plumbing Products, Inc 530 U.S. 133 (2000) stated prima facie case combined with sufficient evidence to disbelieve employer’s explanation always creates jury issue of whether employer intentionally discriminated); Combs v Plantation Patterns, 106 F.3d 1519 (CA11 1997) (same), cert. denied.

Supreme Court Justice Ginsburg in her concurring opinion in Reeves, 530 U.S. 133 (2000) stated “The Court holds that an employment discrimination plaintiff may survive a summary judgment motion as a matter of law by submitting two categories of evidence: first, evidence establishing a “prima facie case” as that term is used in McDonnell Douglas Corp. v Green 411 U.S. 792, 802, (1973); and second, evidence from which a rational fact finder could conclude that the employer’ proffered explanation for its actions was false.”

It is my belief that many minority victims of discrimination and retaliation are denied their day in court with a jury deciding their cases because of the misuse and abuse of summary judgment motions.  Therefore, Congress needs to investigate my case and if necessary amend the Civil Rights Act of 1964 again.  Amending the act again is necessary to prevent one judge from having the absolute authority to dismiss Title VII cases. 

I appealed that decision to the Second Circuit Court of Appeal.  The above-mentioned court in a summary order affirmed the District Court’s decision.  I appealed that decision and the United States Supreme Court refused to hear my case. It is my belief that if the Court had granted my motion to review my case they would have voted 9 to 0 in favor of reversing the lower courts rulings.

"President Obama’s historic victory occurred four years to the day of the Supreme Court of the United States of America decision in my case. I believe that nothing in this world happens by chance.

My hope and MISSION is that Congress will investigate my case and pass a law/bill to amended the Civil Rights Act of 1964 again.  Amending the Act again would prevent one judge from having the absolute power to grant summary judgment motions that dismiss discrimination and retaliation cases. 

Once the Act is amended  again President Obama will sign the bill that amends the Civil Rights Act of 1964.  And the circle will have been completed as our President signs  the Act  that Dr. Martin Luther King Jr paid the ultimate price - his life.

Vera Richardson

Author of “A Case of Racial Discrimination and Retaliation Real or Imagined.”

Pictures in post -  V. Richardson in NYSDOCS uniform, 1989 college graduation, 2001 in NYC after presenting oral arguments at the Second Circuit Court of Appeals