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Top NY Court Blinks in 'First Department' WPP Discrimination Power Play
Date:11/13/2008

lic Confidence in the Justice System. Acosta, who rose through the ranks of the Human Rights Division, published a lengthy opinion in February 2007 endorsing the jury verdict of April 2005 in favor of Jordan and affirming the finding that defendants Bates/AC&R Advertising had "discriminated against Jordan on the basis of 'perceived disability'". This finding necessitated accepting the jury's credibility determinations of Jordan as a witness. The Court also affirmed the damages award, including $2.0M in economic damages, declining to adjust the 60% reduction in "make whole" damages proven by Jordan's unrebutted expert. WPP's attorneys refused to settle the case over the decade leading up to the 11 day jury trial, insisting on trying the case before a jury, knowing that fatal admissions by Bates/AC&R management made it virtually impossible for WPP to win. Consequently, Jordan, who suffers from Multiple Sclerosis, and who has been recognized for her contributions to the advancement of women and the disabled in the workplace, had to finance, and endure, 13 years of litigation. "It has been an incredible ordeal," Jordan admitted. "No intelligent person one files a discrimination case as a profit making venture. Nor does any sane person accuse a judge of misconduct without reason."

Jordan who was criticized by the First Department for masking her disability at the time of her hire as EVP Planning, a $250,000 base salary position, for not reporting the harassment to her supervisors who testified that they knew at the time that she was openly referred to as "a cripple" by colleagues but failed to take remedial action,

For Jordan's not complaining about her supervisor's interrogations about her need to ambulate with a cane, and for negotiating a "reason for leaving" that would not reveal the fact that she had been fired for discriminatory reasons to future employers. Bates senior management admitted that there was no enforcement of EEO policy. The jury was outr
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SOURCE EndDiscriminationNow.com
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