Court rules trash layoff not racial

Sun Staff

Thursday, June 6, 2002 | 9:40 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A federal appeals court ruled Wednesday that a white garbage collector in Las Vegas was laid off of his job by Republic Services of Southern Nevada not because of his race but because of his poor work performance.

The 9th U.S. Circuit Court of Appeals rejected the claim of racial discrimination by Mark A. Aragon, who was a "pitcher" for Republic, lifting trash cans and dumping the refuge into the truck.

The court, in an opinion written by Judge Diarmuid O'Scannlain, sided with Republic that Aragon was too slow in handling the trash cans and the truck fell behind schedule.

Republic also said Aragon, who was a "casual" or temporary employee, was laid off because of the normal slowdown in the trash collection business late in the year.

Aragon maintained that only white or white-looking casual employees were laid off in October 1998 by Republic foreman Daryl McLemore, who is black.

The court said, however Aragon, had his facts wrong. One of those laid off was a black worker, and one white worker was retained.