<![CDATA[Washtenaw Watchdogs - Muslim Man, Former Washtenaw County Employee, wins $1.2 Million Verdict for Discrimination]]>

A Detroit jury awarded 56 year old Ali Aboubaker $1.2 million in damages for his wrongful termination as a maintenance worker for Washtenaw County [1], [2]. In his lawsuit, Mr. Aboubaker alleged that he suffered a pattern of discrimination by his supervisors and co-workers in the maintenance department of Washtenaw County since the World Trade Center attack on 09/11/2001.

Despite the fact that Mr. Aboubaker had bachelor degrees from two colleges, including Western Michigan University, and additional technical degrees, he was working for the County as a maintenance worker. According to his attorney, Shereef Akeel, Mr. Aboubaker worked for the County for 17 years and had stellar annual evaluations until he got a new supervisor for the last two years. At his trial, some County employees even testified about how he went out of his way to help them.

Approximately, one month after he filed a complaint with the Equal Opportunity Employment Commission (EEOC) he was terminated, citing insubordination. The EEOC made the following finding [3];

·         “There is reasonable cause to believe that the Charging Party has been subjected to race, religion, retaliation, national origin harassment, unfair treatment and, in violation of Title VII of the Civil Rights Act of 1964, as amended. Like, related and growing out of the investigation, evidence reveals that Charging Party was subjected to retaliation in the form of a discharge.”

The EEOC also found that Mr. Aboubaker and the County were unable to resolve the matter through informal negotiations and referred the case to the Department of Justice.

Since his termination in 2008, Mr. Aboubaker has become homeless, living with friends or at times in his car. His wife of 25 years left him.

According to his complaint, Mr. Aboubaker [4];

·         Held four advanced degrees, including a degree in mechanical engineering from a college in Tunisia, a degree in engineering graphics from Western Michigan University and two degrees from Kalamazoo Valley Community College in mechanical engineering and mechanical engineering technology. Additionally, he obtained approximately 79 credits from Washtenaw Community College.

·         Began working for the Washtenaw County on September 30, 1991 and was terminated on July 17, 2008.

·         Originally was hired as a bus driver and advanced to the position of Maintenance Technician II. (Washtenaw County disputed that he promoted beyond Maintenance Technician I)

·         After September 11, 2001, and continuing to the time of his termination, Mr. Aboubaker faced severe harassment from his supervisors and co-workers on the basis of his race, religion and national origin.

·         William Howe (“Howe”), who was one of Mr. Aboubaker’s supervisors off and on from 2000 until 2006, called him a “terrorist”, “Osama”, “Bin Laden” and “al quida” right to his face. His co-workers did this as well.

·         Mr. Aboubaker pleaded with Howe to stop the harassment, but to no avail. He then pleaded with Shirley to stop the harassment and informed him that Howe called him a terrorist. Shirley failed to take any action.

·         Ferrell, who became Mr. Aboubaker’s supervisor for the last few years of his employment, continued the harassment and discriminatory treatment of him.

·         Under Ferrell’s supervision, co-workers called Mr. Aboubaker a terrorist and other derogatory names right to his face. In fact, at a leadership seminar, while Ferrell was his supervisor, a co-worker called him a terrorist in front of everyone and his co-workers laughed at him.

·         Further, Mr. Aboubaker had reason to believe Ferrell and additional employees were calling him a terrorist and making other discriminatory comments behind his back.

·         Mr. Aboubaker complained of the harassment from Howe and then Ferrell and his co-workers to Shirley at least two or three times a year from the time it started until his termination. Shirley failed to take any action.

·         In 2005, Mr. Aboubaker was interviewed by Rebecca Curry in Human Resources, as part of an internal investigation after Shirley made a racial comment about another African American employee. Mr. Aboubaker informed her of the harassment and discriminatory treatment he suffered from his supervisors and co-workers. Again, no action was taken in response to Mr. Aboubaker’s complaints.

·         As a practicing Muslim, Mr. Aboubaker takes time during the middle of the day to pray and reserves Friday as his day of Sabbath.

·         Throughout his employment and continuing to the time of his termination, Mr. Aboubaker’s supervisors interfered with his mid-day prayer time and Friday worship, even at times Mr. Aboubaker was off work.

·         Mr. Aboubaker practiced his mid-day prayer during lunch for approximately 15 minutes. He saved his breaks and lunch time to use for his special worship on Fridays which took place from approximately 1:30 pm until 2:15 pm. However, Ferrell would schedule meetings at lunch and often would call Mr. Aboubaker on his cell phone with job assignments during that time.

·         One time Ferrell scheduled such a meeting and Mr. Aboubaker told him he could not attend. Mr. Ferrell responded that he was providing lunch. Mr. Aboubaker again refused and reminded Mr. Ferrell that it was his prayer time. Mr. Ferrell got angry. Shortly afterwards, Mr. Aboubaker received an unfair write-up for something unrelated.

·         In late 2005, the department went from a five-day to a four-day workweek. Everyone filled out a form requesting the weekday he or she preferred to take off. Mr. Aboubaker requested Friday. Nearly everyone else besides Mr. Aboubaker received Friday off.

·         After he complained, Mr. Aboubaker received Friday off. However, Ferrell continued to call him in on Friday mornings to request that he work.

·         Despite repeatedly requesting that Mr. Aboubaker work during times that conflicted with practicing his religion, Mr. Aboubaker was routinely denied overtime opportunities.

·         Throughout his employment and continuing to the time of his termination, Mr. Aboubaker’s supervisors unfairly refused to offer him overtime before less senior employees.

·         In late 2005, after Mr. Aboubaker had advanced to the position of Maintenance Technician II, the job requirements were amended to include a written and hands-on skills test.

·         The written test was scheduled during Mr. Aboubaker’s vacation without his knowledge. Shirley called him and demanded that he return for the test or he would lose his job.

·         Mr. Aboubaker rushed back to take the test. He requested large print and was denied.

·         He later learned that another Maintenance Technician, a white male, was not required to return early from his vacation to take the test and that he was given an accommodation that allowed manager Matthew Higgins to read the test to him.

·         At least two other Maintenance Technicians, also white males, refused to take the test and did not suffer any adverse employment action.

·         Shortly thereafter, Mr. Aboubaker was required to take a hands-on test to qualify for the position of Maintenance Technician II, even though he had already obtained that title.

·         The hands-on tests was very subjective and others were given extra time or chances to correct their mistakes, especially Woods.

·         However, Mr. Aboubaker did as well or better than others on the written and hands-on tests.

·         On or about February 19, 2006, Shirley informed Mr. Aboubaker that he allegedly did not pass the written test. Mr. Shirley then demoted Mr. Aboubaker to Maintenance Technician I.

·         Mr. Aboubaker requested to see his test, but that request was denied.

·         After his demotion, Mr. Aboubaker complained to Shirley of the harassment and discriminatory treatment. Instead of addressing his concerns, Shirley told him it was only a matter of time before Mr. Aboubaker would be fired.

·         In January 2008, Mr. Aboubaker was reassigned to the warehouse to work as a general laborer.

·         Throughout his employment and continuing to the time of his termination, Mr. Aboubaker applied for numerous positions over the years and was passed over for mostly white candidates with similar or less experience than Mr. Aboubaker.

·         On or about June 3, 2008, Mr. Aboubaker applied for the position of Drain Inspector I, for which he was well qualified.

·         Defendants hired someone with less experience, a white male outside of the bargaining union who worked as an intern for approximately 6 months to a year.

·         On or about June 18, 2008, Mr. Aboubaker filed a complaint with the EEOC.

·         On July 17, 2008, Mr. Aboubaker’s employer terminated him.

·         Defendants retaliated against Mr. Aboubaker for complaining about his harassment and discriminatory treatment by unfairly disciplining him, failing to give him overtime before less senior employees, demoting him, failing to promote him, and then terminating him when he filed a complaint with the EEOC.

The court ruled that the plaintiff could not testify as to the names he was called by his supervisor and co-workers because it would be so inflammatory as to bias the jury. The plaintiff was also not allowed to testify as to the findings of the EEOC.

The County denied the allegations of discrimination and defended the county’s actions in Federal Court. I tried to get a comment on the case from the Count but their spokesperson was not available for comment. On Friday, February 28, 2014, the jury found that Mr. Aboubaker and his lawyers had proven his case and awarded him nearly $1.2 million. The County has stated their intention to appeal and Mr. Aboubaker will remain destitute unless he can find another job, while he awaits a decision by the appeals court.

01_aboubaker_judgemant.pdf
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03_eeoc_finding.pdf
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04_aboubaker_amended_complaint__answer.pdf
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