Motion puts Labor Department against state courts

Published 10:46 pm Saturday, October 10, 2015

The U.S. Department of Labor is seeking clarification of a federal court order that was intended to protect whistleblowers in a case involving a former employee of Renosol Seating in Selma.

The department filed a motion Wednesday in the United States District Court of the Southern District of Alabama after a Montgomery County circuit judge ruled Lear Corp., the parent company of Renosol Seating, could continue with a defamation lawsuit against former employee Kimberly King.

“The department believes that Lear’s actions in proceeding with its lawsuit violate Judge Granade’s order for preliminary injunction and is asking the court for clarification of the order to specifically require Lear to halt their state court lawsuit,” a statement from the U.S. Department of Labor read.

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The protective order, which was filed in May, ordered Lear to refrain from taking any discriminatory or retaliatory action against current or former employees, but the Montgomery County judge ruled continuing with the suit did not violate the order.

“This court perceives no violation of the federal court order by permitting Lear to proceed with its business interference claim and allowing discovery,” the ruling states.

The U.S. Department of Labor alleges Lear continuing with the suit does violate the order.

“The secretary believes that defendants are enjoined under the terms of the order from continuing to sue Ms. King in the state court, and their continued litigation against Ms. King may place them in contempt of the order,” the U.S. Department of Labor’s motion states.

Lear filed a lawsuit against King, who worked at the Selma plant for 10 years, in March accusing her of intentionally interfering with business relations and defamation.

The suit was filed after King tried to deliver a letter to a Hyundai plant, which is one of Renosol Seating’s main customers, in Montgomery.

The letter asked the manufacturer to “make the necessary investments to ensure good, safe, fair working conditions throughout its supply chain.”

King allegedly blocked the entrance of the plant and was later escorted off the property by police officers.

The U.S. Equal Employment Opportunity Commission also recently dismissed an EEOC complaint that was filed against Lear by King.

“Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes,” the dismissal states.

“We are pleased that the Equal Employment Opportunity Commission has completed its thorough investigation of Kim King’s claim that Lear discriminated against her on the basis of race, her gender, her alleged disability and retaliated against her for engaging in what she claims was protected activity,” a statement from Lear regarding the dismissal read.

“We believe that this result further confirms what Lear has said all along. Lear acted lawfully and responsibly in its dealings with Ms. King.

“Allegations to the contrary are nothing more than a union-directed campaign to tarnish Lear’s reputation following the union’s failed effort to organize Lear’s Selma, Alabama facility.”

The entire case dates back to 2014 when King and nine other employees complained of the working conditions at the Selma plant.

After the complaint was made OSHA launched an investigation into the plant’s air quality, but tests conducted by OSHA and an independent company between May and November 2014 showed that TDI levels in the plant’s air were within the legal limits.