Hess v. B & B Plastics Division of Metal Cladding, Inc.

**Hess v. B & B Plastics: Worker Wins Right to Sue Union in State Court** Patricia Hess sued both her employer, B & B Plastics, and her union for discrimination and retaliation under New York's Human Rights Law. The employer and union tried to move her case from state court to federal court, arguing that federal labor law should control her claims against the union. The court ruled in Hess's favor, allowing her case to stay in state court. The judge found that her discrimination claims against the union were not completely taken over by federal labor law. This meant she could pursue her state-based discrimination case as originally filed. This decision matters for workers because it preserves their ability to use state anti-discrimination laws when suing their unions. Many state laws offer stronger protections or different remedies than federal law. Workers facing discrimination or retaliation from their own union representatives can potentially choose between state and federal courts, giving them more options for seeking justice. The ruling reinforces that unions, like employers, can be held accountable under state civil rights laws for discriminatory conduct against the workers they represent.