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Employment Law
Race Discrimination
Retaliation, Discharge

Paul L. Guidry v. Marine Engineers' Beneficial Association

Published: Feb. 23, 2008 | Result Date: Aug. 30, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 05CV03960(EMC) Verdict –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Mister Phillips


Defendant

George N. Davies

Duane B. Beeson

Lisa W. Pau


Facts

Plaintiff Paul Guidry, an African-American male, was a member of defendant Marine Engineers Beneficial Association (MEBA) since 1988. The plaintiff was licensed as a United States Coast Guard first assistant engineer. Defendant MEBA represents United States Coast Guard licensed merchant marines who worked aboard United States flag commercial vessels and vessels owned by the United States government. Defendant MEBA supplied engineers to contracted employers, including defendant Marine Transport Lines Inc. and Crowley Maritime Corporation.

On Nov. 14, 2003, plaintiff filed a lawsuit against Patriot Contract Services, American Ship Management and MEBA, claiming race discrimination and harassment but the lawsuit was settled. On June 27, 2005, the plaintiff was placed on the ship Cape Horn operated by Marine Transport Lines, by defendant MEBA. On Aug. 1, 2005, the plaintiff was terminated by Marine Transport Lines for allegedly performing his duties in an unsafe and improper manner.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that he was discriminated against because of his race and was retaliated against because of his prior lawsuit against defendant MEBA. The plaintiff alleged that employees of Marine Transport Lines used racial slurs toward plaintiff, threatened and fired him at the behest of MEBA. He claimed a MEBA employee told him he was "going to get him" because he had sued MEBA.

DEFENDANT'S CONTENTIONS:
Defendant MEBA contended it investigated plaintiff's complaints against Marine Transport Lines and initiated an arbitration but that plaintiff asked MEBA to withdraw its demand for arbitration. MEBA stated that plaintiff never complained of other incidents of MEBA's retaliation before he was terminated. MEBA denied that it retaliated against the plaintiff.

Result

Defense verdict.


#119694

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