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Mena v. Key Food Stores Cooperative Inc. et al.

2003 N.Y. Misc. LEXIS 231 and New York Law Journal; March 31, 2003

Key Food
In this widely-publicized discrimination suit, plaintiffs alleged that obscenities, foul language, racial slurs and epithets directed at women and African Americans were common parlance at the Key Food offices. Approximately one year before this law suit was instituted, our client, a Key Food employee, sought our advice regarding the legality of taping the defendants’ harassing and inappropriate comments.

Subsequently, the explosive and obscene comments captured on the tape recordings were aired on New York’s major television stations, and in print media. In an important decision, the New York State Supreme Court (Kings County) upheld both the taping and the publicity, and rejected the defendants’ assertions that disciplinary rules were violated.

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