Discrimination lawsuit from Barclays Center server dropped vs. Rockets, may still hold vs. catering company

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She Barclays Center Statue

A discrimination lawsuit brought against the Houston Rockets by a 28-year-old former catering employee of Barclays Center has been rejected by the court, but the suit is still open against the arena’s catering company Levy Restaurant Holdings, according to John Marzulli of the New York Daily News.

The worker, Rasean Tate, alleges that he complained to Levy management about unnamed Rockets players insulting him with homophobic language, and Levy responded by barring him from locker room responsibilities and taking away other paid opportunities, lowering Tate’s earning potential.

According to the report, federal judge Jack Weinstein ruled that the Rockets can’t be sued for Levy’s reaction to the complaint, but that a suit can proceed against the catering company.“We respect the judge’s decision but it doesn’t take away the culpability of what Houston Rockets players and staff did in the locker room that day,” Tate’s lawyer Marjorie Mesidor said in the Daily News report. “The comments were discriminatory and they happened.”

This is one of two discrimination lawsuits levied against Levy in the past year. In July, five plaintiffs alleged that members of Levy management referred to them with racially charged language and mocked employee disabilities, seeking $5 million in damages.

New York Daily News — Harassment suit against Houston Rockets for players’ alleged gay slurs against Barclays Center food server is rejected