Terminated African-American woman who is replaced by Hispanic woman may be able to show race discrimination
The Sixth Circuit reinstated Shazor v. Professional Transit Management, Ltd., a race and gender discrimination claim brought by a terminated employee. The trial judge had summarily dismissed the case after holding that Shazor was not "replaced by a person outside the protected class."
The higher court pointed out that Shazor had presented ample evidence of disparate treatment, that she was a member of a protected class, and that she was qualified for her job. The Defendant will need to come forward with proof that its dismissal of her was not based on discriminatory motives, and the Plaintiff will then need to prove that its proffered defense is legitimate.