NEW YORK — Lawyers for Angel Hernandez allege Major League Baseball tampered with sentencing, renewing the allegation in an effort to bring back the race discrimination lawsuit he lost last year.
Hernandez’s attorneys filed the lawsuit Tuesday in the Second United States Court of Appeals, seeking to overturn the summary ruling that U.S. District Judge J. Paul Utkin granted to MLB in March 2021.
Hernandez, of Cuban origin, was hired as the league’s chief referee in 1993. He sued in 2017, claiming he had been discriminated against because he had not been named to the championships of the world since 2005 and had been dropped as chief of staff.
Hernandez served as interim chief of staff from 2011 to 2016, at the start of the pandemic-delayed 2020 season, and for part of the 2021 season, but he was not named permanent chief of staff.
Citing the 2011-16 seasons, Hernandez’s attorneys said in the memo to the Court of Appeals that “MLB manipulated Mr. Hernandez’s year-end ratings in order to make his professional performance look worse than it did.” Mr. Hernandez’s year-end ratings for the 2011-2016 seasons don’t even come close to summarizing an accurate summary of Mr. Hernandez’s actual performance during those seasons.
In its August 2020 briefing in response to a similar claim, MLB called the claim “undeserved.”
Hernandez’s attorneys wrote, “The District Court did not follow an existing precedent applicable to discrimination cases in which the group of minority members eligible for promotion is too small to produce a statistically significant result with respect to is about the disparate impact.”
In 2020, Kerwin Danley became the first black crew chief and Alfonso Marques became the first Hispanic crew chief to be born outside of the United States. Florida-born Richie Garcia served as the first Hispanic crew chief from 1985 to 1989.
Oetken wrote, “Hernandez tries to rely on the ruthless zero,” or the idea that courts should rule out statistical analyzes in circumstances where few minorities or women were employed. While the ruthless zero may be persuasive in the case of a larger employer who has not nominated or promoted any minority candidates, it is less persuasive in the current environment, where the number of governors and the number of promotions available are few. numerous.
Oetken in January denied Hernandez’s request to vary, modify or reverse his decision, leaving an appeal to the Circuit Court as the next step,
Hernandez has occasionally been embroiled in controversies on the pitch. He had three first base calls returned in video reviews in Game 3 of the 2018 American League Divisional Series between New York Yankees and the Boston Red Sox.