NYRA and Fired Head Starter Reach Settlement to End ‘Discrimination and Retaliation’ Lawsuit

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The New York Racing Association (NYRA) and Hector Soler, who worked as the head starter at Aqueduct Racetrack, Belmont Park and Saratoga Race Course between 2020 and 2025, have entered into a settlement agreement in which NYRA will pay Soler two separate sums, one which the parties agreed to keep confidential in exchange for Soler dropping an “unlawful discrimination and retaliation” lawsuit he initiated last year in the wake of being fired by NYRA.The “stipulation of final order and dismissal” was posted Mar. 27 on the docket for the case in United States District Court, Eastern District of New York.Soler's Apr. 15, 2025, complaint had summed up his case this way:“A dedicated and decorated employee, Mr. Soler worked for 25 years at NYRA as the first ever Hispanic and Puerto Rican Head Starter in the history of NYRA. Mr. Soler worked tirelessly to establish himself and advance in an industry historically and predominantly managed by white men. Despite attaining a reputation as one of the preeminent starters in New York horse racing, Mr. Soler faced unlawful discrimination and retaliation in the workplace.“In addition to unlawful discrimination and retaliation, Mr. Soler was misclassified as an exempt employee who was ineligible for overtime, when in fact, his duties were manual in nature and he routinely worked over 40 hours in a given work week.“Further, NYRA retaliated against Mr. Soler when it terminated his employment contract 'without cause' and then defamed his good character and allowed those who worked for NYRA to leak confidential information about Mr. Soler to the press, casting doubt on his character and the nature of this termination,” Soler's complaint stated.NYRA, in its June 9, 2025, answer to the complaint, had denied all of the allegations, asked the court to dismiss the suit, and requested reimbursement of its legal fees from Soler.The case eventually went to mediation.Soler's lawsuit explained he was first employed by NYRA in 2001 after working on the backstretch since age 16 as a hotwalker and groom. He took on various jobs with NYRA before landing a spot as an assistant on the gate crew.Over the decades, Soler worked his way up on the starting crew-he led Triple Crown winner Justify into the gate for the 2018 GI Belmont Stakes-and when he was named as head starter in 2020, his lawsuit stated that his salary was $150,000.Despite working hands-on with horses during morning training and afternoon races, Soler's lawsuit stated that as the head starter, he was classified as “exempt,” purportedly for “being hired to perform administrative and managerial duties.”Soler's lawsuit stated that he injured his knee while on the job at Saratoga on Aug. 4, 2024. Soler claimed that NYRA asked him to continue working despite the injury, and that he agreed to finish out the meet after getting medical attention and being prescribed painkillers. Soler subsequently took protected worker's compensation leave to undergo a complete meniscus repair transplant.While on leave, Soler's lawsuit claimed that on Dec. 8, 2024, he received a negative performance review from the very same supervisor who had asked him to keep working through the Saratoga meet despite his injury.“This negative performance review was riddled with fabrications and was pretext for NYRA's unlawful retaliation,” the lawsuit stated. “In all his years working for NYRA, plaintiff had never received a negative performance review prior to this incident.”Soler returned to his starting duties on Jan. 26, 2025. His lawsuit stated he was fired “without cause” on Mar. 2, 2025.“In the process of unlawfully terminating [Soler], defendant [NYRA] and its agents negligently or intentionally created false rumors that plaintiff engaged in conduct that warranted his dismissal,” the lawsuit stated.The settlement was recorded on the docket in two phases. One document outlined a $5,000 payment from NYRA to Soler specific to his Fair Labor Stands Act (FLSA) claims. A separate settlement agreement that will remain confidential covers Soler's other claims.In labor-related lawsuits involving FLSA claims, it is not unusual for settlements to be structured in this fashion, because FLSA claims are held to a higher level of scrutiny in the federal court system, and those settlements are generally made public.In cases where the parties also reach a a separate, confidential settlement to address other claims outside of the scope of FLSA, those non-public settlements can be for a much higher dollar amount.The post NYRA and Fired Head Starter Reach Settlement to End ‘Discrimination and Retaliation’ Lawsuit appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.