SCHENECTADY NY March 21 2008 -- A fired Wal-Mart security guard who filed suit claiming gender discrimination will have her day in court after a federal judge ruled the case should go forward in Schenectady County.
District Judge David Hurd did not dismiss a lawsuit brought by Shannon Kennedy of Waterford and added that she acted properly in adding her supervisor, Christopher Lyke, as a defendant in the case. But by doing so, the notion of "diversity jurisdiction," which allows cases to be held in federal courts when the involved parties are from different states, was invalidated and doesn't apply.
Hurd ruled the case would go forward in Schenectady County Court.
Kennedy alleges she was improperly fired by the Wal-Mart on Altamont Avenue after she chased a man in her car in April 2006 after he allegedly stole a 77-year-old woman's purse. According to Kennedy's attorney John Aretakis, Wal-Mart said she was fired for breach of policy which says security personnel are only to protect company property. Aretakis has claimed a male security guard was given an award by Wal-Mart for similar action about a year earlier.
Attorneys for Wal-Mart were not available for comment.
District Judge David Hurd did not dismiss a lawsuit brought by Shannon Kennedy of Waterford and added that she acted properly in adding her supervisor, Christopher Lyke, as a defendant in the case. But by doing so, the notion of "diversity jurisdiction," which allows cases to be held in federal courts when the involved parties are from different states, was invalidated and doesn't apply.
Hurd ruled the case would go forward in Schenectady County Court.
Kennedy alleges she was improperly fired by the Wal-Mart on Altamont Avenue after she chased a man in her car in April 2006 after he allegedly stole a 77-year-old woman's purse. According to Kennedy's attorney John Aretakis, Wal-Mart said she was fired for breach of policy which says security personnel are only to protect company property. Aretakis has claimed a male security guard was given an award by Wal-Mart for similar action about a year earlier.
Attorneys for Wal-Mart were not available for comment.
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