Top Fujitec U.S. Lawyer Falsely Accused of Sex Harassment: Suit

Fujitec America Inc. allegedly discriminated against its former chief legal officer because he is black and unfairly credited a co-worker’s false sexual harassment allegations against him to justify his firing, a new federal lawsuit in Ohio says.

Darryl Mitchell says the race bias included being paid less than similarly situated white employees. His requests for a salary adjustment when he discovered the pay discrimination were ignored, he says in a complaint filed Thursday in the U.S. District Court for the Southern District of Ohio.

He discovered around the same time that his responsibilities were being stripped without any notice or discussion, Mitchell says. He also was denied his customary 17.5% annual bonus or 5% pay raise, he says.

Mitchell was soon ordered to attend a meeting at Fujitec America headquarters in Mason, Ohio, where he was told a workplace complaint had been filed against him and was being investigated, the lawsuit says. He wasn’t given any information as to the nature of the complaint but later learned he was accused of sexual harassment by a co-worker who was supposed to soon be fired, the complaint says.

Fujitec violated its policy requiring it to keep him informed of the status of the investigation and ignored his repeated requests for information, Mitchell says. He was fired after a perfunctory investigation during which he was interviewed for “a mere 15 minutes” and the company summarily denied his appeal, Mitchell says.

The company’s CEO also openly discussed the sexual harassment allegations against him during a social gathering with other employees, despite Fujitec policy requiring that such information be kept confidential, he says.

A “thorough and complete investigation” would have come to the conclusion that the sexual harassment allegations against him were false, Mitchell says.

The lawsuit also includes Fujitec America’s Japanese parent Fujitec Co. Ltd. and two named and 20 unnamed individuals as defendants.

Causes of Action: Race discrimination and retaliation under Title VII of the 1964 Civil Rights Act and the Ohio Civil Rights Act; wrongful termination in violation of public policy; defamation; invasion of privacy; breach of implied contract and covenants of good faith and fair dealing; promissory estoppel, intentional infliction of emotional distress.

Relief: At least $12 million in compensatory damages; at least $10 million in punitive damages; attorneys’ fees, litigation costs, and pre- and post-judgment interest.

Response: Fujitec America and Fujitec Co. didn’t immediately respond Friday to Bloomberg Law’s requests for comment.

Attorneys: Hollingsworth & Washington LLC represents Mitchell.

The case is Mitchell v. Fujitec Am., Inc., S.D. Ohio, No. 1:20-cv-00363, complaint filed 5/7/20.