“The mosaic of evidence in this case, enhanced by the reasonable inferences due a nonmovant, is convincing enough to put the question of intentional racial discrimination to a jury.”
Reversing summary judgment against the Title VII and Section 1981 race discrimination claims of two Black laborer-operators for a merchant wholesaler who were fired after they refused to submit to a drug test, the Eleventh Circuit cited evidence their white coworker who was also terminated after refusing to test was allowed to return to work the next day while the plaintiffs were not. And while all three had worked only four hours that day, the company paid the white coworker for a full shift while playing the employees for only four hours. The court also reversed summary judgment against their retaliation claims (Hall v. Coal Bed Services Inc., No. 24-10572 (11th Cir. Sept. 1, 2026)).
The employees began working for Coal Bed Services, a subsidiary of Pate Holdings, in September 2020 as laborer-operators for the metal and mineral merchant wholesaler. They claimed their supervisors gave them “dirtier” and more difficult jobs than their white coworkers and did not give them the same opportunities for development and advancement. One supervisor purportedly referred to them as “y’all” and “them” while referring to white employees by name and asked them to wash his truck during work hours even though it was not part of their job duties.
Verbal altercation. In January 2021, the employees had a...
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