This month, we discuss Village of Freeport v. Christopher Barrella,1 in which the U.S. Court of Appeals for the Second Circuit evaluated whether “Hispanic” should be treated as a “race” under Title VII. In a case involving a mayor’s decision to promote one candidate over another for police chief, the court explicitly addressed for the first time whether discrimination based on Hispanicity constituted racial discrimination under Title VII, or if it instead amounted exclusively to national-origin discrimination.
In an opinion by Judge José A. Cabranes, joined by Judges Pierre N. Leval and Raymond J. Lohier, Jr., the court held that discrimination based on Hispanicity is indeed racial discrimination under the statute. Because the Second Circuit also found that the district court erred by admitting lay opinions about the mayor’s motives, however, the court vacated the judgment for the plaintiff and remanded for a new trial.
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