Operates sawmill and mulch processing plant

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Reference no: EM133813713

Question

Bibb County Properties owns and operates a sawmill and mulch processing plant in Grove Hill, Alabama. In July 2011, when each of the plaintiffs still worked at the plant, Jose Victor Zetino became the plant's manager. Zetino is Hispanic; the plaintiffs are African American. They claim that, in the year after Zetino became the plant's manager, the plant's Hispanic employees worked more overtime hours than the plant's non-Hispanic employees. Pointing to payroll data that Bibb provided during discovery, the plaintiffs contend that "Hispanic workers averaged 7.3 hours of overtime per week more than their [African American] counterpart[s]" (and 4.2 hours more per week than their Caucasian counterparts). They attribute the disparity in overtime hours to racial discrimination, contending that Zetino favored his fellow Hispanics when assigning overtime. In support, they assert that Zetino often referred to the plant's Hispanic employees as "my guys" or "my Hispanic guys."

Can the five plaintiffs, all African Americans, pursue a claim against Bibb under 42 U.S.C. Section 1981? Explain your answer.

Reference no: EM133813713

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