This lawsuit challenges the employment practices at the New York City restaurant “The Redeye Grill” on the grounds that the practices violate the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964 and New York State law. On Nov. 30, 2005, fifty one employees of the Redeye Grill sent a letter to Shelly Fireman (of Fireman Hospitality Group, owner of the Redeye Grill) in order to make her aware of the illegal practices at Redeye. After the employees received no response, they filed suit on Jan. 18, 2006. In May 2006, the defendants fired six plaintiffs, alleging “documentation problems.”
In response, the District Court entered a preliminary injunction, enjoining defendants' acts of immigration-related retaliation. The Court found that the defendants's requests that certain plaintifffs reverify that they were authorized to work was illegal retaliation. The defendants appealed to the United States Court of Appeals, Second Circuit. On March 6, 2007, the NYCLU, in conjunction with the ACLU Immigrants' Rights Project, Legal Aid Society - Employment Law Center, MALDEF, PRLDEF, NILC, and NELP, filed an amicus curiae brief encouraging the Second Circuit to uphold the District Court’s decision in light of the irreparable harm flowing from unlawful immigration-based retaliation.
United States Court of Appeals, Second Circuit, Index No. 06-4841-cv (amicus)