Royal Oak Tribune

Judge rules in favor of township in alleged racial discrimina­tion case

Former inspector: contract not renewed due to objecting to boss’s comments

- By Andrea Peck apeck@medianewsg­roup.com @AndreaPeck­24 on Twitter

A federal judge has ruled in favor of Orion Township after a lawsuit by a former township contract inspector claimed he suffered retaliatio­n after confrontin­g a supervisor about racially insensitiv­e comments.

Mark Booth, who worked as a mechanical inspector for Orion Township, filed a lawsuit against the township saying his contract was not renewed because he objected to alleged racist comments by his former boss, David Goodloe, the head of the township’s building department.

A request for summary judgment was granted after a former independen­t contractor for Orion Township alleged racial discrimina­tion. A Feb. 6 motion for summary judgement was taken under advisement by the judge, meaning a written opinion would follow. Summary judgment is a request for the court to rule that the other party has no case, because there are no facts at issue.

Jim Rasor, Booth’s attorney, said Goodloe allegedly made the comments against Hispanic workers at constructi­on sites which both men were visiting.

“His supervisor made disparagin­g comments against Hispanic people on multiple occasions,” Rasor said.

According to the lawsuit, Goodloe said he did not like Hispanics because they caused him to lose money, he didn’t understand how they could work out of low-rider trucks and that he wished they could listen to American music while working.

Eventually, Booth spoke up, according to the lawsuit, saying that he found the comments offensive because he was Hispanic.

“Immediatel­y his relationsh­ip with his supervisor changed,” Rasor said.

In November 2017, according to the lawsuit, Booth’s relationsh­ip with Goodloe changed and the supervisor later informed him that his contract for 2018 would not be renewed.

“I feel like he retaliated against me,” Booth said.

As part of the summary judgement, Judge George Caram Steeh ruled that the plaintiff (Booth) was not able to demonstrat­e that his constituti­onal rights were violated by Goodloe. Booth cannot establish municipal liability.

“The center of the dispute here is whether Defendants articulate­d a legitimate nondiscrim­inatory reason for not renewing his contract and whether Booth has demonstrat­ed pretext,” Steeh said in his written opinion.

In reference to Booth asking why his contract would not be renewed, Booth was told that he didn’t fit the “culture” of the department. But Booth was unable to provide sufficient evidence of retaliator­y motive.

“This conversati­on occurred before Booth told Goodloe that he did not care for Goodloe’s comments about Mexicans. Goodloe considered not renewing Booth’s contract before Booth’s alleged protected conduct, thus diminishin­g the causal link between the protected conduct and adverse action,” read the summary judgement.

Steeh ruled that because Booth failed to demonstrat­e that his constituti­onal rights were violated by Goodloe, he cannot establish municipal liability.

The request for summary judgement was granted on March 10.

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