White men's claims that they were passed over win nearly $2 million
By: Chris Andrews, Lansing State Journal
June 1997
Three reverse-discrimination lawsuits have cost the state nearly $2 million in the past year and a half, with several similar cases pending.
Two white male state troopers successfully argued the Michigan State Police denied them promotions because of their race or gender.
A third case, in the Department of Corrections, was settled out of court for $450,000.
Ann Arbor attorney James Fett, who represents the troopers, said state officials created preferences in the 1970s but continued them long after they were needed to maintain a diverse work force.
"They just can't let go," Fett said. "It's bureaucracy out of control, and they just do what they've done in the past because that's what they've always done."
State police officials say the two judgments resulted from practices that were discontinued in 1994.
"It's our policy to choose the best candidate," said Capt. Tim Yungfer, the state police's personnel director.
The reverse-discrimination cases come as affirmative action programs nationwide are coming under question. In Michigan, legislation has been introduced to scale back or eliminate the policies.
State departments have equal opportunity plans designed to ensure that the pool of job candidates includes minorities and women, but all candidates are entitled to equal consideration, said Civil Service spokesman Ted Benca.
Affirmative action supporters say the programs have been effective in addressing past discrimination. They say it remains necessary to make sure women and minorities get equal opportunities.
Critics say that at least some state departments have set up systems that have denied - and continue to deny - white males an equal opportunity.
While Fett argues that reverse discrimination is prevalent among most state agencies, most lawsuits involved the state police or Department of Corrections.
Among the cases:
- State Trooper Barry Lewis of the Owosso post earlier this month won a $305,000 award after he alleged he was passed over for promotions in favor of less qualified women and minorities.
- In February 1996, Trooper Thomas Cremonte of the Brighton post won an $850,000 award in a similar case. Including attorney fees, the tally was $1.1 million. The case is being appealed.
- In the Corrections Department, Donald Savolainen settled a suit in January for $450,000. He lost a promotion to a black woman whose exam score was the lowest of five under consideration.
Chris DeWitt, spokesman for Attorney General Frank Kelley, said the office doesn't have any idea how many reverse discrimination suits have been filed against the state.
Fett said he has filed on behalf of six employees, with another in the works. One of them is Trooper Michael Herendeen of the Lansing post. Herendeen, 40, has been a trooper for 18 years.
Like Cremonte and Lewis, he is challenging a practice state police used until 1994 to add minorities and women into the pool of candidates for promotion.
Under the testing system, those with scores of 92 percent to 100 were placed in a top bank of applicants and were considered for promotions. Of those in the second band, scoring 83 to 91, only minorities and women were considered.
"They only reason I was not eligible, to put it bluntly, was I had the wrong color or I was the wrong sex," Herendeen said.
Even after he advanced to the first band and earned the highest score of 100, he was still passed over for promotions.
He said he filed the suit reluctantly, after the Cremonte decision, and after he became convinced the state was going to continue to put white male officer at a disadvantage.
Cremonte, who has been with the state police for 23 years, scored 98 on the state police tests and was not offered a promotion. He said he became frustrated watching workers with lower scores and less experience advance ahead of him.
"For years, the state has not been following the merit principle, and basically been promoting on a person's minority status or friendship with command officers. I believe it's finally catching up with them."
Lucille Taylor, Gov. John Engler's legal advisor, said state departments were operating with policies that had been approved by the Civil Service Commission.
While the suits are of serious concern, they center on practices that have ended, she said.
"Some of these agencies are getting in both ways. They're being sued by one group of employees for discrimination and another for reverse discrimination."
Inspector Al Slaughter, the state police equal employment opportunity officer, said he believes officers competing for promotions have an even playing field.
Slaughter, who has been in the department for almost 25 years, said he was just the second black sergeant when he earned his first promotion after 4 ½ years on the force. "As I rose though the ranks, there were not many before me," he said.
"Personally, I think everyone is on an equal playing field," he said. "There are formalized processes within the department that ensures equal access to all employees."
But Lewis, who won the $305,000 judgment last month disagrees.
"Post commanders have called requesting females for specific appointments," he said, referring to state police-taped conversations used as evidence in his trial. "If that isn't gender, nothing is."
In the Corrections Department case, Savolainen sought a promotion to a food production supervisor's position at the Egeler Correctional Facility.
According to the court documents, Savolainen had the highest score among five candidates for the position.
Savolainen and the state settled the lawsuit for $450,000 just as it was scheduled to go to court in January.
Richard Lindsay, a grievance inspector in the department, has field a lawsuit charging that he's been passed over in favor of less-qualified minorities.
"I think in the past, it was probably necessary, but that point in time is over," he said. "I don't believe they're following the original intent of affirmative action anyway."
But Ed Benson, a Correctional Department administrator who is black, said that while some local police and fire departments may have gone overboard with affirmative action programs, he doesn't think that has been the case with the state.
"I've been an administrator for 17 years, and never have we done that kind of thing," he said. "Where there were positions to be filled, people were promoted on the basis of their qualifications."
