GM, Security Cos. Can’t Ax Guard’s Racial Bias Claims
Detroit MI Jan 30, 2022 General Motors and two security companies must face a racial discrimination lawsuit by a Black security guard who claimed he was harassed and underpaid, with a Michigan federal judge ruling the companies can’t duck the litigation by arguing he should have filed a grievance under a labor contract.
U.S. District Judge David M. Lawson held Thursday that because Donald Gambrell doesn’t allege that any violations of a collective bargaining agreement took place, the grievance process wouldn’t be a proper venue to resolve his claims.
“There is no basis to read the complaint as asserting claims that are related to a collective bargaining agreement in any way,” Judge Lawson wrote in a 15-page opinion and order. “Therefore, the basic premise of the defendants’ arguments fails, and the motion to dismiss will be denied.”
Judge Lawson added that General Motors, G4S Secure Solutions Inc. and Renaissance Center Management Co. “conspicuously” failed to argue that any part of the CBA requires discrimination claims to be resolved in a nonjudicial forum.
Because of this, the contract is “immaterial” to the case at this time, Judge Lawson said, striking the CBA from the record. The companies had introduced it as an exhibit in an “impertinent” move, Judge Lawson said.
“The pleading does not anywhere refer to a CBA, does not allege a violation of any provision of a CBA and does not plead any count for violation of a CBA or breach of the duty of fair representation by any bargaining unit,” Judge Lawson wrote. “It therefore is not within any category of materials subject to consideration on a pleading challenge and may not be considered at this stage of the case.”
Gambrell sued General Motors, G4S Secure Solutions Inc. and Renaissance Center Management Co. in August, alleging he’d faced a pattern of severe race-based harassment at work since starting as a security guard at GM’s headquarters in 2017.
Among other things, he said his white co-workers constantly called him racial slurs and had once cornered him and ordered him to “perform lewd and degrading acts, while making references to a slavery-era practice known as ‘buck breaking,’ in which white slave masters would sexually violate African-American male slaves in front of other slaves.”
He said the companies didn’t investigate his co-workers’ behavior even after he asked them multiple times to do so. He also claimed Black guards were passed over for promotions and paid less than white guards.
His complaint alleges racial discrimination, retaliation and the fostering of a hostile work environment in violation of Title VII of the Civil Rights Act, which is designed to protect against on-the-job discrimination. The complaint also lodges a claim of loss of consortium against the companies on behalf of Gambrell’s wife, Belynda Gambrell.
Counsel for the Gambrells and counsel and representatives for General Motors, G4S Secure Solutions Inc. and Renaissance Center Management Co. did not immediately respond to requests for comment Friday.
Donald and Belynda Gambrell are represented by Danielle B. Safran of The Sigler Law Firm PLC.
The companies are represented by Jennifer L. Pope and Kelly Eisenlohr-Moul of Martenson Hasbrouck & Simon LLP.
The case is Donald Gambrell et al. v. G4S Secure Solutions Inc. et al., case number 2:21-cv-11846, in the U.S. District Court for the Eastern District of Michigan.
