Finding that the lower court erred in holding that it was “inconceivable” that a black man would discriminate against another black man whose career he had previously promoted, the 3rd U.S. Circuit Court of Appeals has revived a suit against the City of Philadelphia brought by a man who was passed over for the top post at the AIDS Activities Coordinating Office.

But a dissenting judge said she would have upheld U.S. District Judge Jay C. Waldman’s decision to dismiss Cecil Hankins’ case based on his failure to show that he was qualified for the job since he didn’t have permanent civil service status.

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