Verdict Stands, Despite Yankees Talk Between Juror and Witness
A conversation about the Yankees between a juror and a witness didn’t require reversal of an employment discrimination verdict, according to a federal appeals court.
The New York City-based 2nd U.S. Circuit Court of Appeals upheld the retaliation verdict against the Nassau County Sheriff’s Department, according to the Connecticut Employment Law Blog and the Wait a Second! blog. A woman who sought a job as a police officer had been awarded more than $600,000 in back pay in the case, according to Wait a Second!
The trial judge had questioned the witness after he was observed speaking with a juror during the lunch recess. The witness said he didn’t realize he had been speaking with a juror and their conversation was limited to the previous night’s Yankees game.
The 2nd Circuit said there was no fundamental error, since the trial judge was best positioned to assess the credibility of the explanation and to determine that fairness had not been compromised. The Connecticut Employment Law Blog posted the Aug. 19 opinion (PDF).
