Daily Labor Report® is the objective resource the nation’s foremost labor and employment professionals read and rely on, providing reliable, analytical coverage of top labor and employment...
Aug. 10 — Two black Michigan State Police troopers can keep the $5.3 million they were awarded on state law race bias claims after being passed over for forensic science division jobs, a state appeals court held ( Hall v. Nat'l Forensic Sci. Tech. Ctr., Inc. , 2016 BL 257874, Mich. Ct. App., No. 326048, unpublished 8/9/16 ).
Darzeil Hall and Lamarr Johnson presented sufficient evidence to support a Wayne County Circuit Court jury's finding that race was a motivating factor in the decision to remove them from a forensic firearms training program and deny them promotion to specialist sergeant positions, the Michigan Court of Appeals ruled.
Hall and Johnson, who sued the MSP, two individual defendants and the National Forensic Science Technology Center Inc., offered proof that they were passed over in favor of a less qualified white trainee, the appeals court said in an unsigned Aug. 9 opinion. NFSTC initially ran the training program, the court noted.
They also showed they were qualified for promotion, despite being booted from the program, because they had each received certificates stating they had completed the training before their ouster, the court added.
The court said a jury had enough evidence to conclude that the MSP's contention that Hall and Johnson were removed from the program for deficiencies in the moot court portion of the training, as memorialized in separate memos prepared by an NFSTC instructor and an MSP captain, was a pretext for bias.
Hall and Johnson both completed the moot court part of the program following remedial training, as shown by their receipt of certificates of completion, and there was testimony that that portion of the training was of “minimal importance,” the court said.
Moreover, both of the memos cited by the defendants were sent after Hall and Johnson had received their certificates, the court said. The timing “strongly suggested” that the memos were just an “after-the-fact” fabrication, it said.
The court also rejected challenges to the amount of damages awarded.
Judges Douglas B. Shapiro, Joel P. Hoekstra and Amy Ronayne Krause joined the opinion.
Mark Granzotto P.C. and Mungo Law Firm PLC represented Hall and Johnson. The Michigan Attorney General's Office; Thomas, DeGrood & Witenoff P.C.; and Mary P. Cauley in Bloomfield Hills, Mich., represented the defendants.
To contact the reporter on this story: Patrick Dorrian in Washington at email@example.com
To contact the editor responsible for this story: Susan J. McGolrick at firstname.lastname@example.org
Text of the opinion is available at http://www.bloomberglaw.com/public/document/Hall_v_Natl_Forensic_Sci_Tech_Ctr_Inc_No_326048_2016_BL_257874_Mi.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)