Bloomberg Law
Feb. 6, 2023, 6:04 PM

Clean Harbors Worker Gets Bias Trial Over Covid-Downturn Firing

Patrick Dorrian
Patrick Dorrian

Clean Harbors Environmental Services Inc. must defend at trial its explanation that it laid off a sales manager because of the impact the Covid-19 pandemic had on its business.

Dusty Mitchell may be able to convince a jury that explanation was a pretext for discrimination under the Americans with Disabilities Act and Oklahoma job bias law based on his heart issues, the US District Court for the Western District of Oklahoma said.

It cited the close timing of events, evidence that Mitchell’s supervisor may have “reverse-engineered” the employee ranking sheet used to justify Mitchell’s lay off, and Clean Harbor’s decision ...

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