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A US appeals court on Thursday revived a software engineer’s proposed class action claiming Meta Platforms refused to hire him because it preferred to give jobs to foreign workers who are paid less wages.

The San Francisco-based 9th US Circuit Court of Appeals in a 2-1 ruling said that a Civil War-era law barring discrimination in contracts based on “alienage” extends to bias against US citizens.

The decision reverses a California federal judge’s dismissal of a lawsuit by Purushothaman Rajaram, a naturalized US citizen who says Meta passes over American workers for jobs in favor of cheaper visa recipients.

Rajaram is seeking to represent a class that includes thousands of workers.

Meta, which owns Facebook, Instagram, and WhatsApp, did not immediately respond to a request for comment. The company in court filings has denied wrongdoing and said Rajaram failed to show that Meta intended to discriminate against U.S. workers.

Daniel Low, a lawyer for Rajaram, said that bias against U.S. citizens is a significant problem in the tech industry.

“We expect that this ruling will lead to more lawsuits seeking to end such discrimination,” Low said in an email.

The 9th Circuit had never before addressed whether the federal law, Section 1981 of the Civil Rights Act of 1866, provides protections from hiring discrimination for US citizens.

The only other appeals court that has, the New Orleans-based 5th Circuit, said the law did not apply to US citizens in a 1986 decision.

The split created by the 9th Circuit on Thursday raises the chances that the Supreme Court could hear the case if Meta appeals.

Conservative groups haveincreasingly cited Section 1981, which also bars race discrimination in contracts, in challenging companies’ diversity initiatives and the hiring of foreign visa workers.

Thursday’s decision could be a major boon to plaintiffs in a growing number of cases alleging bias against U.S. workers, at least in California and the eight other states covered by the 9th Circuit. Unlike Title VII of the Civil Rights Act of 1964, the federal law banning workplace discrimination, Section 1981 does not cap the damages that plaintiffs can receive if they win lawsuits, and it does not require them to file complaints with government agencies before suing.

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Escalator malfunction at Brewers’ park injures 11

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Escalator malfunction at Brewers' park injures 11

Eleven people were injured after an escalator at the Milwaukee Brewers‘ American Family Field malfunctioned, resulting in “an increased downward speed.”

The incident occurred after the Brewers’ 5-3 loss to the Chicago Cubs while fans were taking the escalator from the terrace to the loge level.

Five of the people injured were treated at the ballpark while the other six were transported to area hospitals with non-life threatening injuries, according to the team.

The Brewers, in a statement Sunday, said they were in the process of reaching out to those who were injured to “check on their condition and express our best wishes for a complete and speedy recovery.”

The team also said that all of the ballpark escalators were inspected overnight and deemed safe for use. The Brewers host the Cubs again Sunday at 1:10 p.m. CT.

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Pirates catcher Bart returns from thumb injury

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Pirates catcher Bart returns from thumb injury

Pittsburgh Pirates catcher Joey Bart has been activated from the 10-day injured list after recovering from a left thumb injury.

Bart, who last played for Pittsburgh on May 26, went 6-for-17 during a six-game rehab assignment at Triple-A Indianapolis.

The Pirates acquired Bart, 27, in an April 2 trade, sending right-hander Austin Strickland to the San Francisco Giants. The 2018 No. 2 draft pick out of Georgia Tech, Bart failed to catch on with the Giants as Buster Posey‘s successor.

In 22 games before the injury, Bart was batting .267 with four homers and 12 RBIs in 22 games. In 184 career games, he has a .224 average with 15 homers, 50 RBIs and 197 strikeouts.

In a corresponding move, the Pirates sent catcher Jason Delay, 29, to Indianapolis.

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Guardians send struggling P McKenzie to minors

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Guardians send struggling P McKenzie to minors

KANSAS CITY, Mo. — The Cleveland Guardians are sending Triston McKenzie to the minors to work out his pitching problems.

The AL Central leaders optioned the right-hander to Triple-A Columbus on Sunday, two days after he went a season-low 2⅓ innings in a 10-3 loss to the Royals. McKenzie hasn’t gone past the third inning in any of his last three starts.

McKenzie is 3-5 with a 5.11 ERA in 16 starts. He has given up 19 homers in 75⅔ innings.

To take McKenzie’s spot, the team activated right-hander Gavin Williams from the 60-day injured list. Williams hasn’t pitched for Cleveland this season after he injured his elbow while throwing a weighted ball during a workout in spring training.

Williams had to build back his arm strength the past two months and made seven minor league appearances before the Guardians were comfortable bringing him up. He made 82 pitches in his last outing.

On Saturday, Chris Antonetti, the team’s president of baseball operations, said the club will continue to be patient with Williams, who likely will be on a pitch count for now.

A former first-round draft pick, the 24-year-old Williams went 3-5 with a 3.29 ERA in 16 starts as a rookie in 2023.

The Guardians could be looking to add another starter before the trade deadline. They signed veteran left-hander Matthew Cook to a one-year contract Saturday, but he won’t be ready to join the rotation until August after having Tommy John surgery last year.

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