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Civil Rights Division – Bureau of Labor & Industries

Complaint Dismissal Memo
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Complainant:
Respondent:
Case Number:
Investigator:

Michael Fesser
Eric Benson, Llc Dba A & B Towing And Recovery
EEEMRC170523-10657
Date: June 28, 2017
Katherine Kestell

2nd Signature:
Yes
No ______________________ Date:_____________
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Complainant alleges Respondent subjected him to unlawful employment practices on the
basis of race and because Complainant reported and opposed unlawful employment
practices in that Respondent subjected Complainant to harassment, retaliated against
Complainant, and terminated Complainant’s employment. Respondent denies these
allegations, maintaining instead that Respondent immediately and appropriately
addressed all complaints of harassment brought forward by Complainant and Respondent
terminated Complainant’s employment after Complainant was arrested on suspicion of
misconduct in the capacity of his employment with Respondent.
Complainant was hired by Respondent in or around 2004. Complainant is an African
American man. Complainant states that he was promoted to a management position in or
around 2009 which involved operating weekly automobile auctions for Respondent.
Complainant alleges he was subjected to harassing speech by two coworkers on the basis
of his race on two occasions during his employment. In interview with BOLI,
Complainant stated that on each occasion he reported the remarks to Respondent and the
behavior ceased. Complainant alleges that on a variety of occasions he believes
Respondent instructed him to terminate the employment of subordinate African American
employees for what Complainant perceived to be little or no reason, which he did. On or
around February 25, 2017, Complainant was arrested for Aggravated Theft, a class B
felony, after a police investigation revealed evidence suggesting Complainant was
utilizing his position with Respondent to embezzle money. Complainant’s employment
was terminated on February 27, 2017. Respondent alleges they had a Legitimate
Nondiscriminatory Reason (“LNDR”) for terminating Complainant: Complainant’s arrest
and the underlying charges. Complainant alleges Respondent’s LNDR is pretext, and his
employment was terminated on the basis of race and in retaliation for his reporting and
opposing racial harassment.

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 The record does not contain substantial evidence illustrating that Respondent’s LNDR for
terminating Complainant’s employment is pretext or establishing a causal link between
Complainant’s race or protected whistleblowing activity and Complainant’s termination.
The record does not contain substantial evidence illustrating that Respondent subjected
Complainant to unlawful harassment on the basis of race. Rather, the available evidence
suggests Respondent immediately and appropriately addressed Complainant’s reports of
harassment. This Complaint should be dismissed.

Katherine Kestell
Senior Investigator

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