Lexington-Fayette
Urban County
Human Rights Commission
FOR IMMEDIATE RELEASE
February 28, 2023
Kentucky
Court of Appeals Upholds Commission's Decision in Wilson v. E-Systems, Inc.
The Kentucky Court of Appeals upheld the
Fayette Circuit Court decision in the race discrimination appellate case E-Systems,
Inc. v. Lexington-Fayette Urban County Human Rights Commission and Stacye Wilson,
1998-CA-001288-MR, in a decision
rendered February 18, 2000. The
affirmation of the Circuit Court order upholds the finding that Ms. Wilson was
discharged by E-Systems, Inc. due to her race, Black and awards $43,106.40 in
damages.
Stacye Wilson claimed that she was not afforded the same promotional
opportunities as non-minority co-workers, even though her employment record
reflected she had never been disciplined or reprimanded, consistently received
satisfactory employment evaluations and was considered a good worker and
employee. Ms. Wilson also
claimed she was asked to move to different production lines more often that
other non-minority co-workers and that white co-workers often refused to move
lines when asked, with no consequences.
On March 13, 1989, E-Systems, Inc. terminated Stacye Wilson for
insubordination after she questioned why she was asked to move production lines
more frequently than other non-minority workers and refused to move.
Ms. Wilson filed a complaint with the Commission on July 5, 2022 against
E-Systems, alleging the discharge was based on her race, Black.
The Commission issued a Determination of Probable Cause on August 8,
1991. A Pre-Hearing Conference was
held on April 2, 2023 after attempts at conciliation were unsuccessful.
At the Pubic Hearing, on June 2 and 3, 1992, Ms. Wilson produced evidence
that non-minority co-workers, who worked under the same supervisors and
performed the same tasks, routinely refused to move production lines without
repercussion. The Hearing Examiner issued a decision that Ms. Wilson had been
terminated due to her race and recommended that she be awarded $43,106.40 in
damages, for lost wages, loss of pension plan participation, embarrassment and
humiliation resulting from her loss of work and financial stability.
The Commission upheld the recommended order of the Hearing Examiner on March 3,
1993. In April 1993,
E-Systems, Inc. filed an appeal to the Commission’s Findings with the Fayette
Circuit Court. The Circuit Court
affirmed the Commission’s order on April 5, 1998.
E-Systems filed an appeal to the Circuit Court ruling, which resulted in
the Court of Appeals affirmation, rendered February 18, 2000.
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