By The Editors

The United States Court of Appeals in Cincinnati has issued a decision ordering a jury trial to determine whether the Ford Motor Company illegally fired an African-American auto-worker because she was pursuing a claim of racial discrimination against the auto giant.

The Ford Motor Company world headquarters

The ruling by the Sixth Circuit Court of Appeals is the latest development in the dispute, Carolyn Upshaw v. Ford Motor Company, between the company and Carolyn Upshaw.

The NAACP Legal Defense & Educational Fund, Inc. (LDF) represented Ms. Upshaw in her appeal.
After working for several years as a production supervisor at a Ford manufacturing plant in Ohio, Ms. Upshaw complained that she believed she was being subjected to racial discrimination in promotions and pay. Immediately after she filed her lawsuit, Ford began disciplining her for alleged workplace infractions; a few months later in March 2005, Ms. Upshaw was fired.

The district court initially rejected Ms. Upshaw’s claim of retaliation, holding that she did not demonstrate sufficient evidence that her firing was retaliatory. On appeal, the Sixth Circuit reversed, explaining that “although Ford is entitled to terminate an employee for an actual violation of its internal policies, Upshaw has introduced evidence suggesting that these ‘actual violations’ were nothing more than ‘trumped up’ charges.”

The court’s holding emphasizes that an employer cannot “contrive a reason to terminate” an employee “to cloak its true, retaliatory motive.” The court’s decision sends the case back to the trial court, where Ms. Upshaw will now be entitled to prove to a jury that Ford fired her because she complained of racial discrimination.

“No employee should be fired simply for asserting her right to work in a non-discriminatory workplace. We hope this decision provides additional protection to workers when they stand up to discriminatory practices,” said John Payton, LDF President and Director-Counsel.