A judge on a U.S. appeals court panel on Thursday said a lower court made a “legal error” in tossing out a lawsuit claiming Uber Technologies Inc’s policy of terminating drivers with low passenger ratings is racially discriminatory.
9th U.S. Circuit Court of Appeals Judge Jennifer Sung during oral arguments in San Francisco said that it was wrong for a judge to dismiss the case at an early stage based on a lack of statistical evidence of bias, because the plaintiff could only get that information by proceeding to discovery.
“All of the relevant data is Uber’s – who is the workforce, who has been terminated, and the racial composition of those two groups,” Sung, a former labor activist and appointee of President Joe Biden, said to Uber’s lawyer, Andrew Spurchise.
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