⚖ Oral Arguments, with Context

The Fifth Circuit hears a race-discrimination and retaliation case brought by Tim Gooden, a longtime Black truck driver. Gooden says he proposed additional work that could have meant more hours and experience, but the opportunities went to White employees. He also says he was disciplined and later fired after complaining of discrimination. The company says it disciplined him over unauthorized breaks and later fired him for his conduct during a safety-related confrontation. The district court entered judgment for the company without a trial. On the extra assignments, it viewed the work as additional duties rather than a separate job or promotion, and found no actionable job-related harm. Gooden's lawyer will argue that disputed evidence and the timing of his dismissal should have gone to a jury. The Equal Employment Opportunity Commission will focus on the denied work assignments. It will argue that losing a chance for better duties, hours, or advancement can be job-related harm, even without a different title or higher pay rate. The company's lawyer will defend the misconduct explanations and dispute that Gooden was denied a better role because of race. Listen for two distinct questions: what kind of job-related harm supports a discrimination claim, and whether the timing and circumstances of Gooden's discipline could show retaliation.

Gooden v. Lhoist North America (No. 26-10080) — U.S. Court of Appeals for the Fifth Circuit, argued November 5, 2026.