Rust-Oleum Must Face Ex-Worker’s Suit Over Racial Remarks

Jan. 11, 2023, 10:35 PM UTC

A White Rust-Oleum Corp. employee who was allegedly assaulted and then fired after reporting other employees’ racially insensitive remarks about Black people can proceed with his retaliatory discharge and reprisal suit.

The US District Court for the Southern District of West Virginia ruled Tuesday that David Ullom sufficiently alleged retaliation, and it described the paint company’s arguments for dismissal as fallacious.

Ullom worked at Rust-Oleum’s Lesage, W.Va., plant, which allegedly didn’t regularly employ people of color, according to the opinion. When a person of color was hired, their employment ended within a week or so, Ullom said in his complaint. ...

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