Appeals Court Allows Suit Against Foley & Lardner by Muslim Ex-Associate

A Muslim associate at Foley & Lardner fired a year after the Sept. 11 terrorist attacks may take his discrimination claim to trial.

The Chicago-based 7th U.S. Circuit Court of Appeals ruled Monday that Zafar Hasan had presented enough evidence of discrimination to survive a motion for summary judgment, according to the Wall Street Journal Law Blog and the National Law Journal.

After the Sept. 11 attacks, Hasan had defended Islam as a peaceful religion in TV interviews and published articles. A Muslim of Indian descent, he claims Foley cut his hours after the attacks and fired him because of his religion, race, national origin and color. His suit contends one Foley lawyer on the management committee was overheard after the attacks saying, “Those people don’t belong here. … They should kick them all out.”

Foley initially claimed it fired Hasan for poor performance, but after the firm located Hasan’s mostly positive performance reviews, it instead asserted there was not enough work for Hasan, according to the opinion (PDF posted by the Wall Street Journal Law Blog). Yet the firm hired new associates after Hasan was fired, and two partners circulated a memo claiming its financial picture was strong.

“The record, viewed in the light most favorable to Mr. Hasan, supports neither of Foley’s purported reasons for firing Mr. Hasan,” the opinion says.