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Daily Labor Report®

Case: Discrimination/Standing (5th Cir.)

Jan. 16, 2020, 6:53 PM

A temporary staffing agency can sue a Dallas hospital under 42 U.S.C. §1981 over the hospital’s alleged preference for Hispanic kitchen workers, even though it hadn’t shown it had a “minority racial identity.” The agency sent a black woman to work as a prep cook at the hospital while negotiating a contract with it and was allegedly told by the hospital not to send non-Hispanic workers, because the hospital’s head chef only wanted to work with Hispanics. Section 1981 gives all people the same right “to make and enforce contracts,” regardless of race, and the agency’s injury—the hospital’s termination of...

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