A split panel of the Sixth Circuit Court of Appeals on Thursday revived a lawsuit against Coca-Cola Bottling Co., allowing an employee’s claims of racial discrimination and retaliation to proceed. The employee, Alvin Moore, had filed the suit after failing a drug test, raising questions about whether he voluntarily waived his rights when he signed a “last chance” agreement (LCA) with the company.
Disparities in Treatment Highlighted
In a 2-1 decision, the court found that a genuine dispute exists regarding whether Moore, who is Black, waived his claims of race bias and retaliation voluntarily. The court also pointed out significant disparities in how Moore was treated compared to his white colleagues at Coca-Cola Bottling Co., one of the largest bottlers for the soda giant in the United States.
Rejecting a lower court’s summary judgment, the Sixth Circuit noted that the factors surrounding Moore’s case “taken as a whole” created enough uncertainty to prevent summary dismissal. The court expressed particular concern over Moore’s workplace treatment and the circumstances surrounding his decision to sign the LCA.
Coca-Cola Bottling Race Bias Case : Background and Allegations
Moore worked at Coca-Cola Bottling Co. from 2015 to 2018, holding various positions including forklift operator and backup lab technician. In 2017, after a forklift accident, the company required him to take a drug test, which revealed a small amount of marijuana in his system—below the company’s policy threshold. Despite this, Coca-Cola Bottling Co. negotiated a “second chance” agreement with the union and Moore, subjecting him to 24 months of random drug tests.
