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Wednesday, October 7, 2026

10th Circ. Revives Employment Discrimination Suit, Finding 'Brown Man' Comment Improperly Barred From Evidence - Law.com

What You Need to Know

  • Michael Cruz previously sold Farmers Insurance policies as an independent contractor for over 30 years.
  • In 2017, Cruz alleged that Dan French, a Farmers customer, was "rude and disrespectful" to him, leading him to hang up the phone on French two separate times.
  • Cruz was investigated for disciplinary actions regarding his conduct with French. His file was reopened after upper management was made aware of an email his wife sent.

A federal appeals court has reversed a district court’s order granting summary judgment to Farmers Insurance after finding that previously inadmissible comments from a district manager referring to an employee as a “brown man” in discussing his potential firing did not constitute hearsay and could be admissible under federal evidence rules.

Michael Cruz, a Hispanic man of Mexican American heritage, filed a complaint in the U.S. District Court for the District of Colorado claiming that Farmers Insurance terminated his contract with the insurer based on race.

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Read Full Story: https://www.law.com/2022/08/11/10th-circ-revives-employment-discrimination-su...