11th Circ. Won't Put Publix Trucker's Bias Suit Back In Gear

Law360 (November 20, 2020, 7:18 PM EST) -- An Eleventh Circuit panel spiked a racial bias lawsuit from a former trucker against grocery chain Publix, saying Friday that he was fired not because he is Black but because he caused a workplace accident and was dishonest about it.

A three-judge panel upheld a summary judgment win for Publix, finding that the company legitimately believed Pape Tamba had not been forthright about an accident in an Alabama facility after he forgot to use the parking brake in his truck, and Publix fired him legally pursuant to its employee handbook.

"Even if Tamba could establish a prima facie case of discrimination,...

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