“Too Black” Waitress Can File A Title VII Claim

The Fifth Circuit Court of Appeals has ruled that discrimination on the basis of “color” can be the foundation of a Title VII race discrimination claim. A casino waitress was passed over for a managerial job, and claims that, while other African-Americans had been assigned management positions, she was passed over because her skin was considered “too black” by the general manager. In an affidavit, she says the general manager would not allow a “dark skinned black person” to handle money, or perform other tasks. The appeals court ruled that a district court had erred in granting summary judgment in favor of the casino on the grounds there was no racial bias in this case.