4th Circ. Reverses Waste Co.'s Victory In Race Bias Suit

Law360 (April 23, 2019, 9:49 PM EDT) -- The Fourth Circuit on Tuesday reversed a sanitation company's quick win on a black worker's unfair termination claim, saying a jury should decide whether the company keeping on a white worker with an arguably worse employment history suggested racism. 

The panel said a South Carolina federal judge was wrong to find that Waste Connections Inc. worker Joe Hicks was not a "comparator," or an unfairly favored colleague of a worker complaining of discrimination based on a protected trait. Bias accuser Jimmy Haynes and Hicks had the same supervisor, had to follow the same rules and made similar mistakes on the job,...

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