A racial threat, a weapon, and a next-day firing – now the court wants answers
A Pepsi worker fired one day after reporting a racial threat just had his discrimination case revived by a federal appeals court.
The U.S. Court of Appeals for the Eleventh Circuit on April 7 vacated the dismissal of Title VII race discrimination and retaliation claims brought by Michael V. Smith against Pepsi Cola Bottling Company, also known as Bottling Group, LLC, and sent the case back to the lower court for a fresh look under the correct legal standard.
Smith, an African American man, worked for Pepsi for roughly six years. According to court filings, during a shift in August 2020, a temporary worker approached him, used racial slurs, and threatened him, saying he did not like working with Black people and would have to do something to one of them. Smith called his supervisor on a walkie-talkie and tried to walk away, but the temporary worker followed him while carrying what appeared to be a box cutter. The temporary worker was removed from the site. According to Smith, there was no physical contact.
The next day, Smith reported the incident to plant manager Chanton Patel. Patel suspended him while an investigation was conducted. The day after that, Patel called Smith and terminated him.
For HR professionals, the sequence matters. The gap between the internal complaint and the firing was one day.
Smith filed a discrimination charge with the Equal Employment Opportunity Commission, which...
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