Is it worse to smoke a cigarette in a tanker truck carrying highly flammable substances or drive it recklessly?

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A federal appellate court recently breathed new life into the discrimination claims of a tanker driver alleging that his race motivated his employer to terminate his employment for it deemed reckless driving. His evidence? His employer had treated him differently than other tanker drivers who engaged in conduct that was similar enough to his.

So, let’s explore how other employees may be similarly situated to one another in the context of a discrimination claim.

Our plaintiff was an African American truck driver whose duties were to load, transport, and unload petroleum products using a large tanker. Because petroleum is a highly

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