The Seventh Circuit has revived a former LabCorp unit employee's suit alleging the medical test kit manufacturer refused to promote him from a temporary to permanent position in retaliation for complaints that he was facing discrimination as a black man.

A three-judge panel on Friday vacated a lower court's order granting summary judgment to Covance Central Laboratory Services in Damon Stepp's suit claiming his complaints that he was facing discrimination because of his race and gender turned the company's managers against Stepp by denying him a permanent position customarily offered to satisfactory temporary workers who log nine months on the job.

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