Experience
Obtained summary judgment on discrimination case
Our client, a national transportation company, was granted a summary judgment in U.S. District Court in the Western District of Kentucky. The plaintiff, a former carman, alleged race discrimination when his employer pulled a posted job and re-posted it with a CDL license requirement. He also alleged race discrimination for his employment termination following his conviction in Indiana state court on a drug-related charge. District court granted summary judgment on all counts, finding the employer had a legitimate, non-discriminatory and non-pretextual reason for its addition of a commercial driver’s license requirement for the posted job and finding the employee’s termination following a drug conviction was in keeping with the employer’s written drug policy. The summary judgment was affirmed by the U.S. Court of Appeals for the Sixth Circuit.