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Black mechanics' wrongful discharge claim dismissed

Maurice Gholston and Ernest Moore sued Minority Auto Handling Specialists for wrongful discharge and race discrimination.  The were fired after an altercation.  They alleged that the termination was wrongful because over the years there had been multiple physical altercations involving white and hispanic employees that never resulted in a firing.  They documented several cases, and from the court's opinion, the cases seemed to share similarities with the incident involving Gholston nand Moore.  Nevertheless, the Court of Appeals affirmed the dismissal of the mechanics' claims.  It held that it was sufficient for the employer to distinguish their claim from the other claims that a third-party had called police in this instance and there was documented property damage, however minimal.  Therefore, the white and hispanic employees involved in altercations were not "similarly situated" and differential treatment was acceptable.
Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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