Umpire Ángel Hernández faced another setback in his ongoing racial discrimination lawsuit against Major League Baseball (MLB) when the 2nd U.S. Circuit Court of Appeals recently declined to reinstate his case. This decision upholds a previous ruling by the District Court in 2021, which granted MLB a summary judgment. For Hernández, a Cuban-born umpire who joined the majors in 1993, it is yet another blow in his battle for justice.
Hernández filed his lawsuit in 2017, claiming that he had been subjected to discrimination due to his lack of assignments to the World Series since 2005 and being passed over for promotion to crew chief. However, the 2nd Circuit found that Hernández had not provided enough evidence to establish a statistically significant disparity in promotion rates between white and minority umpires. MLB’s expert evidence, presented during the case, demonstrated that the difference in promotion rates was not statistically significant. The court highlighted Hernández’s failure to challenge the reliability of MLB’s statistical evidence.
Court’s Decision and Judges’ Rationale
The 2nd Circuit’s ruling was made by U.S. Circuit Judges Susan L. Carney and Steven J. Menash, who listened to oral arguments on June 8. Unfortunately, the third panel member, Circuit Judge Rosemary S. Pooler, passed away shortly before the decision was made. In their 11-page decision, the judges explained that Hernández had not provided any evidence to support his claim that former MLB executive Joe Torre, who made important decisions regarding umpires, harbored a bias against racial minorities. The court dismissed Hernández’s arguments, stating that he had not established a connection between Torre’s criteria for crew chief promotion decisions and the existing disparity.
Hernández’s lawyer, Nicholas R. Gregg, has yet to comment on the recent decision. It remains to be seen whether Hernández will pursue further avenues of appeal, such as requesting a rehearing of the case by the full New York-based 2nd Circuit or seeking a review by the U.S. Supreme Court. Regardless of the path he chooses, the road ahead seems challenging for the 61-year-old umpire.
Progress in Umpire Diversity
While Hernández’s case has brought attention to issues of diversity and representation among MLB umpires, progress has been made in recent years. In 2020, Kerwin Danley became the first Black crew chief, marking a significant milestone in MLB history. That same year, Alfonso Marquez became the first Hispanic crew chief born outside the United States. This progress builds upon the achievements of Richie Garcia, who became the first Hispanic crew chief in 1985. These advancements emphasize the ongoing efforts of MLB to promote diversity and inclusivity within the umpiring ranks.
Hernández’s Controversial Moments
Beyond his legal battle, Hernández has also courted controversy on the field during his career. A notable incident occurred during Game 3 of the 2018 AL Division Series between the New York Yankees and the Boston Red Sox, where Hernández had three calls at first base overturned in video reviews. Such incidents have added fuel to the criticism Hernández has faced throughout his career, with skeptics questioning his judgment and competence as an umpire.
The recent decision by the 2nd U.S. Circuit Court of Appeals dealt a significant blow to Ángel Hernández’s racial discrimination lawsuit against MLB. Despite his allegations of discrimination, the court found that Hernández failed to provide sufficient evidence to support his claims. As Hernández contemplates his next steps, it is clear that the road to justice may be elusive. However, his case has shed light on the importance of diversity and inclusion in professional sports, prompting MLB to continue its efforts to promote a more equitable environment for all umpires.
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