White Man Sues His Black Boss for Discrimination, Wins $150,000

By Anastacia Mott Austin

On Wednesday a federal court awarded Mark Pasternak $150,000 in his case against his former boss for racial discrimination.

The case is similar to countless others brought over the years, except for one thing: Pasternak is white, his boss Tommy Baines is black.

Pasternak, 48, claimed that over the years he worked for Baines at a New York state job with Children and Family Services, he was repeatedly harassed with racial slurs and other forms of discrimination based upon his skin color.

"You’re a white boy, and I don’t like white boys," Pasternak said Baines told him, "Handle it."

In addition to being called names like "stupid white boy," "cracker," and "Polack" during the three years they worked together, Pasternak claims that Baines sabotaged his work environment by changing the locks on filing cabinets and hiding documents Pasternak needed to file.

"I was sick to my stomach," said Pasternak to The Buffalo News.

Pasternak only resorted to suing Baines personally after the state dismissed his case in 1999. However, in 1998 the state did carry out an investigation of the issue and fined Baines $2,000. Baines was allowed to keep working as Pasternak’s supervisor.

Pasternak says he suffered from anxiety and depression because of the situation, and asked for a medical leave of absence. After his leave, he was dismissed from his job. He was later offered his job back, but rejected the offer when he couldn’t be guaranteed a work environment where he didn’t have to work with Baines.

"The state did too little, too late," said David J. Seeger, Pasternak’s attorney, to the press. "Mark’s dilemma was that, in order to return to work, he needed to be left alone by Tommy. The state wouldn’t guarantee that for him."

The all-white, seven-member jury agreed that he had suffered racial discrimination, and awarded Pasternak $150,000 in damages.

While many in the press are quick to call the case reverse discrimination, sociologists point out that racial discrimination can happen to anyone, and that adding the term "reverse" is redundant.

"I’m elated and overwhelmed," said Pasternak to reporters. "I feel like I’ve been to hell and back. After all these years, the best feeling is, the jury heard his story and mine, and they believed me."

Baines claimed that Pasternak was a difficult employee, and that the two never clicked. Though he didn’t deny making the slurs, Baines was never asked on the witness stand about the comments.

David J. Seeger, the attorney for Pasternak, said to reporters, "[Tommy Baines] never denied saying those things, and I certainly pointed that out to the jury in my closing argument."

A black woman who worked with both men at Children and Family Services said on the witness stand that she had overheard the racial slurs used against Pasternak.

"When I was growing up, I was always taught to stay away from racial slurs," Pasternak told reporters. "The kind of conduct, from a supervisor who worked with kids, really bothered me."