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Ex-Farmers Insurance Contractor Can Pursue Race Bias Claims

Aug. 4, 2022, 10:46 PM

A former contractor for Farmers Insurance Exchange can pursue discrimination claims alleging that a district manager made a racist comment while discussing his termination, the Tenth Circuit said.

The alleged comment wasn’t inadmissible hearsay, and the defendants therefore shouldn’t have been granted summary judgment, Judge Nancy Moritz wrote Wednesday for the US Court of Appeals for the Tenth Circuit.

The district manager’s alleged comment was a “party-opponent admission made by an agent within the scope of the agency relationship” and constitutes direct evidence of discrimination, the Tenth Circuit said. Therefore, it is admissible under Federal Rule of Evidence 801(d)(2)(D), the ...