United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION
TO DISMISS (DOC. 4)
COHN UNITED STATES DISTRICT JUDGE.
an employment case. It began when Local 324 (the Union) and
Gregory McKay Brown (Brown) sued defendant EQ Industrial
Services, Inc. d/b/a U.S. Ecology (EQIS) claiming race
discrimination under 42 U.S.C. § 1981 and Michigan's
Elliot-Larsen Civil Rights Act, M.C.L. § 37.1101. Brown
contends that EQIS discriminated against him based on his
race when it rejected his applications for promotion in
January 2015 and November 2015. As will be explained,
following a hearing, stipulations, and supplemental briefing,
the matter is before the Court on EQIS's motion to
dismiss the Third Amended Complaint. For the reasons that
follow, the motion will be granted because Brown's claims
are time barred.
is a current employee of EQIS. He began working for one of
its many predecessors of EQIS on or about November 27, 1989.
For much of his employment, Brown has worked in the part of
the company known as Household Hazardous Waster
November 26, 2003, Brown executed an Application for
Employment with a predecessor of EQIS. See EQIS Ex. 2,
Application. Directly above Brown's signature, the
application contains a 180-day contractual limitations
period, which states, in relevant part:
I acknowledge that the term “the Company” as used
below means EQ - The Environment Quality Company and any
related companies to which I may transfer or be assigned
including, but not limited to, Michigan Recovery Systems,
Inc., Wayne Disposal, Inc. and E.Q. Industrial Services, Inc.
I agree not to commence any action or suit relating to my
employment with the Company more than 180 days after the date
of termination of such employment or after the date of the
facts giving rise to the claim, whichever is earlier, and to
waive any statute of limitations to the contrary.
November 26, 2003, Brown also signed a Dispute Resolution
Agreement. See EQIS Ex. 4, Dispute Resolution Agreement. This
agreement provides in relevant part:
EQ encourages the prompt and inexpensive resolution of
disputes with applicants and current and former employees.
Therefore, EQ asks its applicants and employees to agree to
this Dispute Resolution Agreement for all claims and disputes
(including claims or disputes alleging illegal
discrimination) they may have concerning, arising from or
relating to their application for and/or employment with EQ,
except as specifically noted below. Your signature will
acknowledge your agreement.
3. If the claim or dispute is not resolved to my satisfaction
by EQ's Director of Human Resources, I will submit it to
final and binding arbitration…I acknowledge and agree
that I and/or EQ may move for the entry of judgment on any
arbitration award in the appropriate circuit court or other
court of competent jurisdiction.
4. EQ, as used in this Agreement, means The Environmental
Quality Company, EQ-Industrial Services, Inc., EQ-Resource
Recovery, Inc., Wayne Disposal, Inc., EQ-Northeast, Inc., and
any related company by which I may be employed.
following language immediately precedes Plaintiff Brown's
I understand and agree that I signed this Dispute
Resolution Agreement I may not file a lawsuit in any court
against EQ concerning, arising from or relating to my
application to or employment with EQ and will, instead, be
limited to the procedure set forth above, including final and
binding arbitration. I believe this is in my best interest
and in the best interest of EQ because it is likely to result