U.S. District Judge Michael P. Shea has rejected an effort by Sherwin-Williams to use an unsigned separation agreement as the basis to dismiss a former employee's race discrimination and retaliation suit.

According to a March 29 decision, John Polk, who left the paint company in February 2015, filed a discrimination suit in September 2016, after the parties failed to ratify an agreement regarding the nature and terms of the separation.

Sherwin-Williams originally terminated Polk for “gross misconduct,” but reclassified the nature of the separation as mutual and voluntary as part of a negotiation with Polk, the decision stated.