By: Craig Garrett, The Detroit News
He fights for rights of workers, minorities
Dearborn -- Jim Fett has become a thorn in the side of law enforcement.
Dearborn and its police chief are being sued by a sergeant represented by Fett. Sgt. Karen Elhert alleges harassment and bias.
Fett's championing of workplace rights led to the resignation of former Ann Arbor Police Chief Carl Ent, who is alleged to have harassed police officers.
His work also has forced Michigan State Police officials to revamp promotion practices. The Dearborn Heights native represented two white state police troopers who were passed over for promotions by minorities and women. The pair collected large cash settlements and were promoted.
"We use litigation to educate," said Fett, a burly 40-year-old.
Aside from suing police agencies, Fett has successfully sued county road departments, employers and others accused of harassing, intimidating or retaliating against workers because of their gender or race.
Fett's largest settlement was handed out this summer against the Ingham County Road Commission because workers used racial slurs against a colleague of Hispanic decent.
Joe Peña claimed that co-workers had created a hostile work environment, using slurs and retaliating against him on the job. Terms like "pickle plucker" and "wetback" were common and used in front of county managers, Peña alleged.
The worker, who asked Fett for help after nearly a decade of abuse, was awarded $1.3 million in damages by an Ingham County jury.
Becky Peña, his wife, said the couple learned of Fett from a woman whose husband was charged with harassing a female worker. Fett was the lawyer who won the harassment case on behalf of the woman.
"It speaks volumes of his character," Becky Peña said.
Fett considers the case his greatest personal triumph.
His successes have generated nearly 600 inquiries this year from prospective clients, most alleging workplace bias. He accepts about 5 percent of those cases.
Fett joined forces with Ypsilanti lawyer Andrew Muth in 1987. He had worked for Muth as a law clerk while in school. Fett credits Muth for tutoring him and teaching the techniques of battling against discrimination. The first case he handled involved a family friend whose father had been fired from a trucking company. Fett said the man was targeted due to his weight and age.
"He didn't fit the image," Muth said. The trucking firm settled out of court.
Fett slowly gained a reputation for attacking public institutions for basing promotions on race and gender to increase the number of minorities and women in the workplace.
He is not against affirmative action, saying the policy improved public agencies that had showed a pattern of discrimination. But the Michigan State Police never demonstrated that history, he said.
In February 1996, a Livingston County jury awarded a white state police sergeant $850,000 in damages. Fett convinced jurors that Thomas Cremonte was passed over repeatedly for promotions in favor of minority officers. His color and age were factors in those decisions, Fett said.
Fett talks about career
The Detroit News visited with Fett at his Pinckney law office and discussed his career.
Q: How did you get started?
A: "I studied labor relations and management labor (at law school). Out of school, I was offered work at a large (Grand Rapids) labor firm. It was collective bargaining, labor issues. I liked that field."
Q: What happened?
A: "It was a great firm, but I didn't have much client contact. I was mostly carrying briefcases and doing research."
Q: What are your impressions of the state police?
A: "I was very impressed with the professionalism. It's a crack outfit. But I think, people are enraged by preferences."
Q: Did the Thomas Cremonte lawsuit change anything?
A: "No, it has just gone underground. It's games-playing. The thing that enrages me the most is that nobody in the public sector ever lost a job over illegal (promotions). In fact, there's no agency in the state that can demonstrate a constitutional prerequisite for granting preferences."
Q: What have you learned in the last 10 years?
A: "That government operates, almost, with immunity. And that the higher courts are endorsing the practice. They've basically turned over the rights to the employers. Trampling on the people's rights is not legally or morally appropriate, yet it happens. All the time. I'd like to keep that to a minimum."
James K. Fett
Born: Feb. 23, 1960
Education: Crestwood High School, Dearborn Heights; bachelor's degree University of Michigan-Dearborn; law and MBA from the University of Michigan-Ann Arbor. Began practice in 1986 as a labor-relations lawyer.
Personal: Married, three children, two step-children
Hobbies: Fishing, weightlifting, reading and boating.
Last book read: "Conversations with God"
Last movie watched: The Green Mile
Words to live by: "treat every day like it's your last".
High Profile bias cases
* Road worker Joe Peña asserted that co-workers for the Ingham County Road Commission used racial slurs over several years. He was told that commission workers did want Mexicans, blacks or women in the department. A jury in June awarded Pena $1.3 million in damages. Peña's wife says her husband continues to be harassed on the job.
* Michigan State Police troopers contend they were passed over for promotions because of reverse discrimination. State troopers Michael Herendeen, Daniel Keuhn, Barry Lewis and Thomas Cremonte agreed to cash settlements and promotions. Fett represented each.
*Ann Arbor police Lt. Donald Leach was promoted to deputy chief as part of a settlement against the city. Fett contended that Leach was denied promotion because he suffered from clinical depression. A female Ann Arbor police officer settled another lawsuit, claiming former Chief Carl Ent refused to promote her because of her gender. Laura Anderson was promoted to sergeant and given $125,000 as part of the settlement.
Copyright 2000, The Detroit News.
