Dismissal Of Bias Claim Against Eagles Network Upheld
August 18, 2009 at 5:05 AM (PT)
A PENNSYLVANIA federal appeals court has once again ruled in favor of CBS RADIO against a former PHILADELPHIA EAGLES RADIO NETWORK salesman's claim of bias due to the distribution of a "dress for success" book warning employees not to "dress like a ghetto black."
SHAWN BROOKS had been awarded over $600,000. by the PENNSYLVANIA HUMAN RELATIONS COMMISSION in 2005 after complaining that management at the network distributed copies of business fashion guru JOHN T. MOLLOY's "NEW DRESS FOR SUCCESS," which contains material advising black businesspeople to "dress very white" but not in solid blue suits and not to "dress like a ghetto black."
The state court ruled that the commission should not have allowed BROOKS to introduce as evidence other allegations of harassment that were not included in his complaint and that distributing the book was "unprofessional, insulting and insensitive" but "not severe and pervasive."
A FEBRUARY 2006 state court ruling overturned the award, and BROOKS appealed to federal court, which threw out the case on a motion by CBS for summary judgment. BROOKS appealed again, and the U.S. Court of Appeals for the Third Circuit upheld the dismissal in an opinion filed FRIDAY.
The EAGLES network is based at CBS Classic Rock WYSP and Sports WIP-A/PHILADELPHIA.