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Shifting Rationales Revive Trash Collector’s Race Bias Suit (1)

April 23, 2019, 3:46 PMUpdated: April 23, 2019, 7:10 PM

A black trash collector’s race discrimination lawsuit against his employer shouldn’t have been kicked out of court, the Fourth Circuit ruled April 23.

Jimmy Haynes produced enough information about a white co-worker who received better treatment and Waste Connections Inc.‘s changing explanations for his termination that his case should have survived summary judgment, Judge Roger Gregory said for the court.

WCI’s stated reasons for firing Haynes—that he wasn’t performing well and had infractions in his disciplinary record—are disputed, Gregory said.

Haynes had recently received a bonus and said his previous annual performance review had been positive, the court said....

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