United States Fourth Circuit

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Brown v. Nucor Corp., 13-1779

In a case concerning the certification of a class of black steel workers who allege endemic racial discrimination at a South Carolina plant owned by defendants, alleging discriminatory job promotion practices and a racially hostile work environment under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. section 1981, the district court's second denial of class certification is again reversed and remanded where it misapprehended the reach of the Supreme Court's decision in Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011), where: 1) statistics indicate that promotions at Nucor depended in part on whether an individual was black or white; 2) substantial anecdotal evidence suggests discrimination in specific promotions decisions in multiple plant departments; and 3) there is also significant evidence that those promotions decisions were made in the context of a racially hostile work environment.

Appellate Information

  • Decided 05/11/2015
  • Published 05/11/2015

Judges

  • GREGORY

Court

  • United States Fourth Circuit

Counsel