Case Explained: EDDIE STEWART Plaintiff – v. GES RECYCLING SOUTH CAROLINA LLC Defendant –

Court: United States Court of Appeals for the Fourth Circuit Filed: 2026-08-13 The Fourth Circuit vacated the district court’s award of summary judgment to the defendant on the plaintiff’s retaliatory discharge claim under 42 U.S.C. § 1981 and remanded the case for further proceedings. The court held that genuine disputes of material fact existed regarding whether the employer’s proffered non-retaliatory reason for termination was pretextual. Applying the *McDonnell Douglas* burden-shifting framework, the majority determined that viewing the evidence in the light most favorable to the plaintiff revealed conflicting accounts concerning both the nature of the plaintiff’s conduct and the consistency of the employer’s justification. Specifically, the record contained a dispute as to whether the plaintiff engaged in “belligerent and insubordinate conduct” beyond the use of profanity, as the defendant claimed, versus the plaintiff’s account that his behavior was a non-threatening response to harassment. Furthermore, the court found a genuine issue regarding whether the employer’s reason for termination changed over time, noting a discrepancy between the initial notification to the plaintiff that he was fired for “the way you talked to [his supervisor]” (interpreted as profanity) and later declarations stating he was terminated for “belligerent and insubordinate conduct.” Because these inconsistencies could allow a reasonable jury to infer that retaliation was the but-for cause of the termination, summary judgment was improper. The case will proceed to trial on the retaliatory discharge claim. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.