Watkins

I. BACKGROUND

Watkins sued Central Freight and two of its employees, Aaron Holstein and Samuel Ballance, in April 2011. The complaint alleged that Watkins, an African- American, was employed by Central Freight from May 2008, until his discharge in January 2010.1 Against Central Freight, the complaint stated claims for racial discrimination (first cause of action), adverse employment actions and failure to rehire in violation of public policy, also based on racial discrimination (third cause of action), failure to prevent discriminatory practices (fourth cause of action), failure to provide proper meal and rest breaks (fifth cause of action), failure to pay wages upon discharge (sixth cause of action), and four other claims that were eventually dismissed (seventh through 10th causes of action).2 Against Holstein and Ballance, Watkins pleaded a single claim of harassment based on race (second cause of action), which was dismissed prior to trial. Watkins worked as a delivery truck driver for Central Freight from May 2008, until his termination eight months later, at the end of January 2009. Six other drivers were hired by Central Freight after Watkins, five of whom were not…