Showdown brews over auto supplier's lawsuit
The U.S. Department of Labor has asked a federal judge to block an Alabama auto supplier’s lawsuit against a former employee, setting up a showdown between state and federal courts amid claims of labor union interference and whistleblower retaliation.
Lear Corp.-owned Renosol Seating in Selma fired Kim King in March. King had told the Advertiser and others that she feared a chemical used in the car seat-production process was making workers at the plant sick. She was terminated after trying to deliver a letter outlining the concerns to the plant's customer, Hyundai Motor Manufacturing Alabama in Montgomery.
Lear has filed a defamation lawsuit against King in Montgomery County Circuit Court, and the U.S. Department of Labor has filed a separate case against Lear in federal court alleging whistleblower retaliation.
Noting King's belief that the plant's conditions could have affected her “appears reasonable,” U.S. District Judge Callie Granade issued a temporary injunction in May that prevents Lear from “suing current or former employees because of those individuals' complaints about health and safety.”
But Circuit Court Judge William Shashy ruled last month that the state lawsuit against King can continue because King’s attempt to deliver the letter to HMMA wasn’t covered as protected activity in Granade’s injunction.
On Wednesday, the Labor Department filed a new motion asking Granade to clarify the original order and “specifically require defendants to halt their state court lawsuit against Ms. King.”
Lear has maintained that a handful of workers are engaging in scare tactics as part of an effort orchestrated by the United Auto Workers union. Months of tests at the plant showed air quality at the plant to be within federally acceptable guidelines, though some experts believe that even acceptable levels of chemical exposure could lead to long-term health problems like the ones King has described.
Shashy’s circuit court order allowed the lawsuit to proceed with collection of depositions, medical records and other documents from King, her doctor, the UAW and its public relations company, BerlinRosen.
Earlier this week, the Equal Employment Opportunity Commission dismissed a complaint by King claiming that Lear discriminated her on the basis of her race, gender and disability, and retaliated against her for engaging in protected activity. After an investigation, the EEOC said it was “unable to conclude that the information obtained establishes violations” of federal anti-discrimination statutes.
However, the EEOC didn’t certify that Lear complied with those statutes, either, and the finding still allows King to file a lawsuit over the EEOC claims if she chooses.
Lear issued a statement this week saying that it’s pleased with the EEOC dismissal.
“We believe that this result further confirms what Lear has said all along,” the statement said. “Lear acted lawfully and responsibly in its dealings with Ms. King. Allegations to the contrary are nothing more than a union-directed campaign to tarnish Lear's reputation following the union's failed effort to organize Lear's Selma, Alabama facility.”
