A state appeals court has reversed the trial court and ruled that a retaliation claim lodged by an African American former administrator at a fertility clinic can go forward because a factual question exists about the timing of the administrator’s complaints of discrimination—including allegedly being told she’d hired too many Black people—and her firing.

The case’s retaliation claim centers on allegations made by former human resources-based employee Alexis Cancel that Annie Liu, CEO of defendant Global Fertility and Genetics, told Cancel multiple times about the race and color of the skin of people she should hire and that, after Cancel complained about Liu’s comments internally, Cancel was fired.