Kenny Faulk v. Dimerco Express USA Corp.:Date Argued: January 30th, 2026; Docket Number: 24-12603

Case Summary:In the district court, Kenny Faulk proved a race‑discrimination hiring claim under 42 U.S.C. § 1981 and obtained a multi‑million‑dollar jury verdict, and the case is now on appeal in the Eleventh Circuit under docket number 24‑12603 following the employer’s unsuccessful post‑trial challenge.At the lower court level, Faulk sued Dimerco Express USA Corp. in the Northern District of Georgia, alleging that Dimerco rescinded an account‑executive job offer because he is Black, in violation of 42 U.S.C. § 1981. After a four‑day jury trial, the jury found in Faulk’s favor and awarded him approximately 3.39 million dollars, consisting of 90,000 dollars in lost wages, 300,000 dollars for past and future emotional‑distress damages, and 3,000,000 dollars in punitive damages. Dimerco moved for a new trial, relief from judgment, or remittitur, arguing that the verdict was excessive, that plaintiff’s counsel engaged in misconduct in opening and closing, and that the court erred in excluding evidence of Faulk’s prior criminal charges and in handling certain testimony, but the district court denied all post‑trial motions and left the verdict intact.The evidence at trial, as summarized in public descriptions, showed that Dimerco allegedly used a “race‑matching” hiring policy for sales executives, favoring Caucasian applicants between certain ages for what it called the “Caucasian market,” and that Faulk’s offer was vetoed after higher‑level management learned he was Black, even though a white candidate with a more serious criminal record was later hired. Following the denial of its post‑trial motions, Dimerco took an appeal to the present court, the United States Court of Appeals for the Eleventh Circuit, where the case is docketed as Kenny Faulk v. Dimerco Express USA Corp., No. 24‑12603, and oral argument was held on January 30, 2026.