NASCAR seeking dismissal of Grant's $225M lawsuit

By Staff and wire reports
August 8, 2008
04:39 PM EDT

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NASCAR issued a sweeping rebuttal to former employee Mauricia Grant's claims of sexual and racial harassment on Thursday, asking the U.S. District Court to dismiss the $225 million lawsuit in a 30-page response filed Friday.

• Read more: Grant's complaint | NASCAR's response

Former official sues

Mauricia Grant is suing NASCAR for $225 million, alleging racial and sexual discrimination, sexual harassment and wrongful termination.

The 32-year-old Grant, who is black, worked as a technical inspector responsible for certifying cars in NASCAR's second-tier Nationwide Series from January 2005 until her termination in October 2007.

In the lawsuit, filed June 10 in the U.S. District Court for the Southern District of New York, Grant alleged she was referred to as "Nappy Headed Mo" and "Queen Sheba," by co-workers, was often told she worked on "colored people time," and was frightened by one official who routinely made references to the Ku Klux Klan.

In addition, Grant said she was subjected to sexual advances from male co-workers, two of whom allegedly exposed themselves to her, and graphic and lewd jokes.

The lawsuit lists 23 specific incidents of alleged sexual harassment and 34 specific incidents of alleged racial and gender discrimination.

Her suit alleges she was fired as retaliation for complaining to her superiors about the way she was treated by co-workers.

NASCAR chairman Brian France has maintained there is no record of Grant ever reporting anything, and the response filed by the New York-based law firm Jackson Lewis LLP is consistent with his claims.

The response claims Grant acknowledged an understanding of NASCAR's "zero tolerance policy against discrimination and harassment in the workplace," attended mandatory training seminars on the topics in 2006 and 2007 and acknowledged her obligation to immediately report any offensive acts in accordance with written policies.

Among NASCAR's responses to key allegations:

• Defendant denies each and every allegation set forth in Paragraph "23" of Plaintiff's Complaint, and avers that: (1) Plaintiff never complained to any NASCAR employee during her employment that she was subjected to discrimination or harassment based on her sex or race; (2) Plaintiff acknowledged that she received NASCAR's Employee Manual which details NASCAR's zero tolerance policy against discrimination and harassment in the workplace; (3) Plaintiff attended NASCAR's mandatory diversity and harassment training seminars in 2006 and 2007; and (4) Plaintiff acknowledged that she understood her right and obligation to immediately report all acts of discrimination and harassment in accordance with NASCAR's written policies.

• Defendant denies each and every allegation set forth in Paragraph "45" of Plaintiff's Complaint, and avers that: (1) NASCAR is an equal opportunity employer with a strong commitment to diversity in the hiring and advancement of its employees; (2) NASCAR maintains a zero tolerance policy against discrimination and harassment in the workplace; and (3) NASCAR terminated Plaintiff's employment for legitimate, non-discriminatory and non-retaliatory reasons.

• Defendant denies each and every allegation set forth in Paragraph "93" of Plaintiff's Complaint, and avers that: (1) Plaintiff never complained to any NASCAR employee during her employment that she was subjected to discrimination or harassment based on her sex or race; and (2) avers that NASCAR terminated Plaintiff's employment for legitimate, non-discriminatory and non-retaliatory reasons.

• Defendant denies each and every allegation set forth in Paragraph "97" of Plaintiff's Complaint, and avers that: (1) a photograph of Plaintiff with the phrase "Go For Moe" was hung up in the locker trailer; (2) Plaintiff answered her radio on the racetrack by stating: "go for Mo;" and (3) at various times the locker trailer contained photographs of other Officials.

• Defendant denies each and every allegation set forth in Paragraph "127" of Plaintiff's Complaint, and avers that: (1) Plaintiff's supervisors repeatedly counseled Plaintiff regarding her tardiness; (2) Plaintiff's co-workers complained to Plaintiff and their supervisors regarding her tardiness; (3) Plaintiff's failure to timely arrive at her designated carpool prevented Plaintiff and Plaintiff's co-workers who traveled with her to the racetrack from promptly performing their job duties; and (4) Plaintiff coined the phrases "Colored People's Time" and "Mo Time" in reference to her pattern of lateness.

• Defendant denies each and every allegation set forth in Paragraph "130" of Plaintiff's Complaint, and avers that: (1) all NASCAR employees and personnel are required to show their credentials to track security upon request for security reasons; and (2) following an altercation between Plaintiff and track security at Michigan International Speedway, Ms. George warned Plaintiff that her next incident of inappropriate behavior would result in the termination of her employment.

A request to speak to Grant and her attorney, Benedict P. Morelli, wasn't immediately granted.

Grant has insisted she did complain, and followed the chain of command all the way to Nationwide Series director Joe Balash. But she stopped short of telling human resources, Grant said, because she was reprimanded by that department for a separate incident that occurred two weeks after she complained to Balash.

Grant said she viewed the reprimand, which included a threat of termination, as retaliation for complaining to Balash.

But in NASCAR's response, it claims Grant was reprimanded with a warning of termination for an altercation with a track security guard at Michigan International Speedway who had asked to see Grant's credentials as she passed through a gate.

The response does not indicate why Grant was fired, and NASCAR officials have refused to disclose the reason. But the response claims a pattern of tardiness for which she was routinely reprimanded.

NASCAR also claims several of Grant's co-workers complained about her pattern of lateness, and said it often prevented them from promptly performing their job duties. The response alleges that Grant coined the phrases "Colored People's Time" and "Mo Time" in reference to her lateness.

It's one of the few instances in the response in which NASCAR directly addresses one of Grant's claims.