Thomas A. Cremonte v. Michigan State Police

Age Discrimination - Civil Rights - Plaintiff is a white male and has been a Michigan State
Trooper since 1977. Although he has been eligible for promotion for several years, he has
not been promoted. In the years preceding this suit, plaintiff derided his superiors for
hiring and promotion employees pursuant to an affirmative action program. He also wrote
a memo questioning his superior's use of seniority as a factor in promotion decision,
arguing that low seniority troopers were being promoted more often than high seniority
troopers. During this time, defendant was hiring and promoting pursuant to an affirmative
action program. Defendant was also participating in a system of "augmented certification,"
that , in certain circumstances, gave favorable treatment to women and minorities.

Plaintiff originally filed a complaint in the Livingston Circuit Court alleging that the
Michigan State Police failed to promote him on the basis of his age or in retaliation for his
opposition to Michigan State Police policies that discriminated against certain employees on
the basis of their age, race, and gender. Plaintiff also filed a Court of Claims complaint
alleging a violation of "the public policy embodied in the Michigan and United States
Constitutions" and a violation of equal protection under the Michigan Constitution. The
parties stipulated joinder of the two actions, with the circuit court action to be decided by a
jury and the Court of Claim action to be decided by the circuit judge. During the trial,
plaintiff amended his circuit court complaint to add claims of race and gender
discrimination. At trial, plaintiff argued that he had not been promoted because he
opposed violations of the Civil Right Act M.C.L. 37.2101 et seq.; MSA 3.548(101) et
seq., and because of his age, race, and gender. Defendant argued that plaintiff was not
promoted because he did not have the qualities of a leader.

Using a special verdict form, the jury found defendant liable on all claims and awarded plaintiff $850,000 in damages. In the Court of Claims action, the trial court found defendant not liable on plaintiff's public policy and age claims, but found defendant liable for race and gender discrimination in violation of the Michigan Constitution, and awarded palintiff $850,000. The trial court than aded costs and interest to both awards, and attorney fees to the circuit court award.

None

None

The jury verdict was reversed and remanded for new trial; The damage award reversed by the Court of Appeals of Michigan. See: 591 N.W.2d 261 (Mich. App. 1998). Note: The date above reflects the date of the appellate decision and not the original trial date. Reported by EMDH.